THE 

S    COMMON  SCHOOL  SYSTEM 

OF  THE 

STATE  OF  NEW-YORK, 

COMPRISING 

THE    SEVERAL    GEIO^RAL   LAWS    RELATING  TO  COMMON    SCHOOLS, 
TOGETHER  WITH  FULL  EXPOSITIONS,  INSTRUCTIONS  AND  FORMS 
FOR  THE  USE  OF  THE  SEVERAL    SCHOOL   OFFICERS  AND  IN 
HABITANTS    OF   DISTRICTS,  A  COMPLETE    DIGEST  OF  THE 
DECISIONS  OF  THE  STATE  SUPERINTENDENT,  AND  THE 
SEVERAL  LOCAL  PROVISIONS  FOR  THE  SUPPORT  OF 
COMMON    SCHOOLS    IN    THE    CITIES    AND 
VILLAGES    OF    THE    STATE. 

TO  WHICH  IS  PREFIXED 

A    HISTORICAL^SKETCH 
ORIGIN,  PROGRESS  AND  PRESENT  OUTLINE 

OF    THE    SYSTEM. 

Prepared  in  Pursuance  of  an  Act  of  the  Legislature, 

UNDER  THE  DIRECTION  OF  THE 

HON.  CHRISTOPHER  MORGAN, 

SUPERINTENDENT  OF  COMMON  SCHOOLS. 

BY   SAMUEL  S.  RANDALL, 

DEP.  SUP'T  COMMON   SCHOOLS. 


TROY,   N.    Y.: 

JOHNSON  AND  DAVIS,    STEAM  PRESS    PRINTERS. 
1851. 


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PREFACE. 


IN  submitting  the  following  work  to  the  inhabitants  and  officers  of  school 
districts,  the  various  town  and  county  officers  charged  with  the  local  adminis 
tration  of  the  common  school  system  in  its  several  departments,  and  the  pub 
lic  generally,  the  compiler  has  been  actuated  by  an  earnest  desire  to  diffuse  as 
widely  as  possible,  a  more  thorough  and  accurate  knowledge  of  the  history 
and  details  of  that  system  than  has  hitherto  appeared.  Having  been  con 
nected  with  the  department  of  Common  Schools,  with  a  slight  interval,  for 
the  past  fourteen  years,  during  which  period  five  successive  Superintendents 
have  been  in  office,  and  the  system  has  undergone  numerous  important  mod 
ifications,  the  necessary  materials  for  a  complete  digest  of  its  various  provisions, 
as  well  as  for  the  requisite  adaptation  of  the  numerous  expositions,  decisions, 
and  instructions  of  the  department,  to  the  present  state  of  the  law,  were 
probably  more  fully  within  his  reach  than  that  of  any  other  individual. 

The  volume  of  Laws  and  Decisions  prepared  and  published  by  Gen.  Dix  in 
1837,  however  valuable  for  its  intrinsic  interest,  and  for  its  clear  and  lucid 
exposition  of  the  fundamental  principles  of  our  system  of  public  instruction, 
has  become  to  a  very  great  extent  inapplicable  to  the  existing  details  of  that 
system ;  and  where  relied  upon  as  a  guide,  by  officers  of  districts,  of  towns 
and  counties,  must  necessarily  embarrass  and  mislead.  The  compiler  of  the 
present  work  has  therefore  deemed  it  his  duty  to  obviate  this  result  so  far  as 
may  be  in  his  power,  by  giving  first,  a  general  abstract  of  the  existing  provis 
ions  of  the  law  in  reference  to  the  powers,  duties  and  liabilities  of  each  class 
of  officers  connected  with  the  administration,  of  the  system,  and  of  the  inhab 
itants  of  the  several  school  districts ;  and  secondly,  a  digested  view  under 
each  head,  of  the  varioiis  instructions,  expositions,  and  decisions  of  the  depart 
ment,  or  rather  of  the  principles  of  such  instructions  and  decisions,  in  their 
application  to  the  law  as  it  now  stands  :  preceded  by  the  general  laws  and 
the  various  local  provisions  applicable  to  the  several  cities  and  larger  towns. 

A  historical  sketch  of  the  origin  and  progress  of  the  system  from  its  incep 
tion  to  the  present  period,  accompanied  by  a  brief  exposition  of  its  present 
conttition,  has  been  annexed  to  the  work,  with  the  design  of  rendering  it  more 
acceptable  as  well  to  our  own  citizens  as  to  those  of  other  portions  of  the 
Union,  who  may  feel  an  interest  in  tracing  the  gradual  advancement  of  our 
legislation  on  this  important  subject,  and  in  ascertaining  the  prominent  features 
of  our  system,  as  moulded  by  the  succepsive  improvements  consequent  upon 
an  experience  of  nearly  forty  years. 


IV 

The  importance  of  an  uniform  and  enlightened  administration  of  a  system 
%  embracing  so  great  a  variety  of  interests  and  forming  so  material  an  ingredient 
in  the  intellectual,  moral,  and  social  civilization  of  the  community,  has  not  been 
one  of  the  least  among  the  considerations  which  have  led  to  the  publication  of 
this  work :  and  if  through  its  means  any  facilities  shall  have  been  afforded  for 
the  accomplishment  of  this  desirable  result,  the  time  and  pains  spent  in  its 
preparation  will  not  have  been  regretted.  That  it  is  free  from  imperfections 
and  errors  it  would  be  presumptuous  to  assert ;  but  in  Commending  it  to  those 
for  whose  use  it  is  specially  designed,  and  to  the  friencls  of  popular  education 
generally,  the  compiler  can  accompany  it  with  the  assurance  that  no  efforts  on 
his  part  have  been  spared  to  render  it  worthy  of  their  attention  and  regard. 

ALBANY,  May,  1851.  .V^IVA 


SECRETARY'S  OFFICE,  ) 

DEPARTMENT  OF  COMMON  SCHOOLS.       J 

Albany,  May  15,  1851. 

Having  examined  the  following  "  Digest  of  the  Common  School  System  of 
the  State  of  New  York,"  I  take  pleasure  in  saying  that  it  is  a  full  and  correct 
exposition  of  that  system  ;  arid  entitled  to  the  confidence  of  officers  and  inhab 
itants  of  school  districts,  Town  Superintendents  of  common  schools,  and  others 
interested  in  the  cause  of  popular  education. 

CHRISTOPHER  MORGAN, 

Sup't  of  Common  Schools. 


PART  I. 

ORIGIN,  PROGRESS,  AND  PRESENT  CONDITION 

OF  THE 

COMMON  SCHOOL  SYSTEM  OF  NEW  YORK, 

From  the  Origin  of  the  State  Government  to  the  Year  1851, 


AT  the  first  meeting  of  the  State  Legislature  after  the  adoption  of  the  Con 
stitution,  the  governor,  Qeo.  CLINTON,  called  the  attention  of  that  body  to  the 
subject  of  education.  The  following  is  an  extract  from  his  speech  : 

"  Neglect  of  the  education  of  youth  is  one  of  the  evils  consequent  upon  war. 
Perhaps  there  is  scarce  any  thing  more  worthy  your  attention  than  the  revival 
and  encouragement  of  seminaries  of  learning ;  and  nothing  by  which  we  can 
more  satisfactorily  express  our  gratitude  to  the  Supreme  Being  for  his  past  fa 
vors  ;  since  piety  and  virtue  are  generally  the  offspring  of  an  enlightened  un 
derstanding." 

In  this  year,  the  act  incorporating  the  Regents  of  the  University  was  passed. 

In  1789  an  act  was  passed,  requiring  the  surveyor-general,  to  set  apart  two 
lots  in  each  township,  of  the  public  land  thereafter  to  be  surveyed,  for  gospel 
and  school  purposes. 

The  following  is  an  extract  from  the  report  of  the  Regents  of  the  University, 
for  1793 : 

"  On  this  occasion  we  cannot  help  suggesting  to  the  legislature  the  numerous 
advantages  which  we  conceive  would  accrue  to  the  citizens  in  general, from  the 
institution  of  schools  in  various  parts  of  the  state,  for  the  purpose  of  instructing 
children  in  the  lower  branches  of  education,  such  as  reading  their  native  lan 
guage  with  propriety,  and  so  much  of  writing  and  arithmetic,  as  to  enable  them 
•when  they  come  forward  into  active  life,  to  transact  with  accuracy  and  dispatch, 
the  business  arising  from  their  daily  intercourse  with  each  other.  The  mode  of 
accomplishing  this  desirable  object,  we  respectfully  submit  to  the  wisdom  of 
the  legislature. 

"  The  attention  which  the  legislature  has  evinced  to  promote  literature,  by 
the  liberal  provision  heretofore  made,  encourages,  with  all  deference,  to  sug 
gest  the  propriety  of  rendering  it  permanent  by  setting  apart  for  that  salutary 
purpose  some  of  the  unappropriated  lands.  The  value  of  these  will  be  en 
hanced  by  the  increase  of  population.  The  state  will  thus  never  want  the 
means  of  promoting  useful  science ;  and  will  thereby  secure  the  rational  happi 
ness,  and  fix  the  liberty  of  the  people  on  the  most  permanent  basis — that  of 
knowledge  and  virtue." 

At  the  opening  of  the  session  of  the  legislature  in  1795,  Gov.  Clinton  thus 
again  alluded  to  the  subject : 

"  "While  it  is  evident  that  the  general  establishment  and  liberal  endowment 
of  academies  are  highly  to  be  commended,  and  are  attended  with  the  most 
beneficial  consequences,  yet  it  cannot  be  denied  that  they  are  principally  con 
fined  to  the  children  of  the  opulent,  and  that  a  great  portion  of  the  communi- 


6 

ty  is  excluded  from  their  immediate  advantages.  The  establishment  of  com 
mon  schools  throughout  the  state,  is  happily  calculated  to  remedy  this  inconve 
nience,  and  will  therefore  engage  your  early  and  decided  consideration." 

On  the  1 1th  of  January,  the  Assembly  appointed  a  committee  consisting  of 
JONATHAN  NICOLL  HAVENS,  of  Suffolk,  as  chairman ;  DAVID  BROOKS,  of  Dutchess, 
DAVID  PifE,  of  Orange,  EBENEZER  PURDY,  of  Westchester,  DANIEL  GRAY,  of 
Rensselaer,  ADAM  COMSTOCK,  of  Saratoga,  and  RICHARD  FURMAN,  of  New  York, 
to  take  into  consideration  that  portion  of  the  Governor's  Message  relating  to  the 
establishment  of  Common  Schools  throughout  the  state.  Mr.  HAVENS,  from  this 
committee,  reported  on  the  19th  of  February  "  An  Act  for  the  encouragement 
of  schools,"  which  passed  the  House  on  the  4th,  and  the  Senate  on  the  22d  of 
March,  and  became  a  law  on  the  9th  of  April  1795.  By  this  act  the  sum  of 
£20,000  or  $50,000  was  annually  appropriated  for  five  years,  "  for  the  purpose 
of  encouraging  and  maintaining  schools  in  the  several  cities  and  towns  in  this 
state,  in  which  the  children  of  the  inhabitants  residing  in  the  state,  shall  be  in 
structed  in  the  English  language,  or  be  taught  English  grammar,  arithmetic, 
mathematics,  and  such  other  branches  of  knowledge  as  are  most  useful  and  ne 
cessary  to  complete  a  good  English  education."  This  sum  was  at  first  appor 
tioned  to  the  several  counties  according  to  their  representation  in  the  legislature, 
and  afterwards  according  to  the  number  of  electors  for  members  of  assembly ; 
and  to  the  several  towns  according  to  the  number  of  taxable  inhabitants  of  each. 
The  boards  of  supervisors  were  required  to  raise  by  tax  upon  each  town,  a  sum 
equal  to  one-half  of  that  appropriated  by  the  state,  to  be  applied  in  like  manner. 
While  this  bill  was  under  discussion  in  the  assembly,  a  motion  to  add  a  pro 
viso,  "  that  no  town  after  receiving  for  one  year  its  proportion  of  the  moneys 
appropriated  by  the  act,  shall  be  entitled  in  any  year  thereafter  to  receive  its 
proportion  of  the  same,  unless  the  freeholders  and  inhabitants  of  such  town, 
should,  at  their  next  preceding  town-meeting,  have  voted  a  sum  for  the  use  of 
schools  in  such  town,  equal  to  at  least  one-half  of  the  proportion  of  the  moneys 
to  which  such  town  shall  have  been  entitled  by  this  act  in  the  preceding  year ; 
and  in  case  such  sum  shall  not  have  been  voted  to  be  raised  as  aforesaid  by  any 
town,  the  supervisors  of  the  county  should  apportion  the  moneys  to  which  such 
town  would  otherwise  have  been  entitled,  among  the  other  towns  in  such  coun 
ty,  which  should  have  voted  for  such  sum  "  was  rejected,  by  a  vote  of  30  to  27. 
The  adoption  of  this  proviso,  would  have  left  it  discretionary  with  the  inhabi 
tants  of  any  town  to  comply  with  the  requisitions  of  the  act,  and  thereby  entitle 
itself  to  receive  its  proportion  of  the  public  money ;  a  measure  subsequently  re 
sorted  to,  as  will  hereafter  be  seen,  but  speedily  abandoned  on  experience  of 
its  effects. 

The  prominent  features  of  the  act  of  1795,  were  the  following :  Not  less 
than  three,  nor  more  than  seven  commissioners,  were  annually  to  be  chosen  by 
the  electors  of  the  respective  towns,  to  whom  were  to  be  committed  the  super 
vision  and  direction  of  the  schools,  and  the  apportionment  of  public  money 
among  the  several  districts.  The  inhabitants  residing  in  different  sections  of 
each  town,  were  authorized  "  to  associate  together  for  the  purpose  of  procuring 
good  and  sufficient  schoolmasters,  and  for  erecting  and  maintaining  schools  in 
such  and  so  many  parts  of  the  town  where  they  may  reside,  as  shall  be  most 
convenient,"  and  to  appoint  two  or  more  trustees,  who  were  directed  to  "  confer 
with  the  commissioners  concerning  the  qualification  of  the  master  or  masters 
that  they  may  have  employed,  or  may  intend  to  employ  in  their  schools  ;  and 
concerning  every  other  matter  which  may  relate  to  the  welfare  of  their  school, 
or  to  the  propriety  of  erecting  or  maintaining  the  same,  to  the  intent  that  they 
may  obtain  the  determination  of  the  said  commissioners  whether  the  said  school 
will  be  entitled  to  a  part  of  the  moneys  allotted  to  or  raised  in  that  town  by 
'  virtue  of  this  act,  and  whether  the  abilities  and  moral  character  of  the  master 
or  masters  employed,  or  intended  to  be  employed  therein,  are  such  as  will  meet 
with  their  approbation."  The  share  of  public  money  to  be  paid  to  each  district, 
was  to  be  apportioned  by  the  commissioners,  "  according  to  the  number  of  days 
for  which  instruction  shall  appear,  by  the  annual  report  of  the  trustees,  to  have 
been  given  in  each  of  the  said  schools,  in  such  manner  that  the  school  in  which 


the  greater  number  of  days  of  instruction  shall  appeal- to  have  been  given,  shall 
hare  a  proportionably  larger  sum.  And  if  it  shall  at  any  time  appear  to  the 
said  commissioners,  that  the  abilities  or  moral  character  of  the  master  or  masters 
of  any  schools,  are  not  such  that  they  ought  to  be  entrusted  with  the  education 
of  the  youth,  or  that  any  of  the  branches  of  learning  taught  in  any  school,  are 
not  such  as  are  intended  to  receive  encouragement  from  the  moneys  appropria 
ted  by  this  act,  the  said  commissioners  shall  notify  in  writing  the  said  trustees 
of  such  school  thereof ;  and  to  the  time  of  such  notification,  and  no  longer,  shall 
any  allowance  be  made  to  such  school  unless  the  same  thereafter  be  conducted 
to  the  approbation  of  the  said  commissioners."  The  commissioners  were  requir 
ed  to  give  to  the  trustees  of  each  district,  an  order  on  the  county  treasurer  for 
the  sum  to  which  the  district  was  entitled.  Provisions  were  also  made  for  an 
nual  returns  from  the  several  districts,  towns  and  counties.  An  abstract  of 
these  returns,  from  sixteen  out  of  the  twenty-three  counties  of  the  state,  for  the 
year  1798,  shows  a  total  of  1,352  schools,  organized  according  to  the  act,  in 
which  59,660  children  were  taught. 

In  the  year  1799  an  act  was  passed  directing  the  raising,  by  means  of  four 
successive  lotteries,  of  the  sum  of  one  hundred  thousand  dollars,  $12,500  of 
which,  were  to  be  paid  to  the  Regents  of  the  University,  to  be  by  them  dis 
tributed  among  the  Academies  in  such  manner  as  they  shall  deem  most  proper, 
and  the  residue,  $87,500  was  to  be  paid  into  the  treasury,  to  be  appropriated 
for  the  encouragement  of  common  schools,  as  the  legislature  should  thereafter 
direct.  This  bill  probably  grew  out  of  a  project  proposed  by  the  Hon.  JEDEDIAH 
PECK,  of  Otsego.  "  It  is  due  "  observes  Judge  HAMMOND,  in  his  Political  History, 
"  to  this  plain,  unlettered  farmer,  to  add  that  he  was  intent  upon  making  some 
permanent  provisions  for  these  institutions,  and  that  he  formed  the  project  of 
establishing  a  common  school  fund  in  pursuance  of  the  example  then  lately 
furnished  by  Connecticut,  the  state  from  whence  he  emigrated :  that  he  never 
lost  sight  of  it ;  and  that  to  his  indefatigable  and  persevering  efforts,  aided  by 
Mr.  ADAM  COMSTOCK,  of  Saratoga,  another  uneducated  and  plain,  but  clear 
sighted  and  patriotic  man,  we  are  principally  indebted  for  our  school  fund  and 
common  school  system.  What  military  chieftain  — what  mere  conqueror  by 
brute  force,  has  conferred  so  deep,  so  enduring  an  obligation  upon  posterity  ? " 

At  the  opening  of  the  Session  of  the  Legislature  in  1800,  Gov.  JAY  called 
the  attention  of  both  Houses  to  the  subject  of  Common  Schools,  in  the  follow 
ing  language  : 

"  Among  other  objects  which  will  present  themselves  to  you,  there  is  one 
which  I  earnestly  recommend  to  your  notice  and  patronage.  I  mean  our  in 
stitutions  for  the  education  of  youth.  The  importance  of  common  schools  is 
best  estimated  by  the  good  effects  of  them,  where  they  most  abound  and  are 
the  best  regulated." 

On  the  25th  of  March  of  the  same  year,  the  Assembly,  by  a  vote  of  fifty-sev 
en  to  thirty-six,  adopted  the  following  resolution,  offered  by  Mr.  Comstock,  of 
Saratoga  : 

"  Resolved,  That  the  '  Act  for  the  Encouragement  of  Schools,'  passed  the 
9th  day  of  April,  1795,  ought  to  be  re  vised  and  amended  ;  and  that  out  of  the 
annual  revenue  arising  to  this  State  from  its  stock  and  other  funds,  the  sum  of 
$50,000  be  annually  appropriated  for  the  encouragement  of  schools,  for  the 
term  of  five  years." 

On  the  3d  of  April,  subsequently,  a  clause  to  this  effect  was  inserted  in  the 


annual  supply  bill,  on  Mr.  Comstock's  motion,  by  a  vote  of  fifty-one  to  thirty- 
five.  The  Senate,  however,  by  a  vote  of  nineteen  to  sixteen,  struck  out  the 
clause.  The  house,  on  the  return  of  the  bill,  at  first  refused  to  concur  with  the 
Senate  in  this  amendment,  by  a  vote  of  forty-two  to  forty-one  ;  but  subse 
quently  reconsidered  its  vote,  and  assented  to  the  amendment,  on  the  last  day 
but  one  of  the  Session. 

By  an  act  passed  on  the  3d  of  April,  1801,  the  sum  of  $100,000  was  directed 
to  be  raised  by  lottery,  of  which  one-half  was  ordered  to  be  paid  into  the  Treas 
ury  for  the  use  of  Common  Schools  ;  leaving  to  future  legislatures  the  discre 
tion  of  making  such  application  of  it  as  they  might  judge  most  conducive  to 


8 

UJG  end  in  vi^y.  In  order  to  promote  so  laudable  an  object,  the  Legislature 
of  1803,  by  an  act  passed  on  the  6th  of  April,  directed  the  Comptroller  to  in 
vest  in  good  real  estate,  all  suchjfcums  of  money  as  had  been,  or  should  there 
after  be  received  from  the  proceeds  of  each  lottery,  for  the  term  of  two 
years. 

In  1802,  the  Governor  (GEO.  CLINTON,)  again  called  the  attention  of  the  Le 
gislature  to  the  subject  of  Common  Schools.  He  observes,  "  The  system  of 
Common  Schools  having  been  discontinued,  and  the  advantage  to  morals,  reli 
gion,  liberty  and  good  government,  arising  from  the  general  diffusion  of  knowl- 
edge  being  universally  admitted,  permit  me  to  recommend  this  subject  to  your 
deliberate  attention.  The  failure  of  one  experiment  for  the  attainment  of  an 
important  object,  ought  not  to  discourage  other  attempts."  No  legislative  action 
however,  in  reference  to  the  subject,  was  had  during  the  session  of  that  year. 

In  1803,  Gov.  Clinton  renewed  his  recommendation  in  the  following  energetic 
terms  :  "  The  establishment  of  common  schools  has,  at  different  times,  engag 
ed  the  attention  of  the  Legislature ;  but  although  its  importance  is  generally 
acknowledged,  a  diversity  of  sentiment  respecting  the  best  means,  has  hitherto 
prevented  the  accomplishment  of  the  object.  The  diffusion  of  knowledge  is  so 
essential  to  the  promotion  of  virtue  and  the  preservation  of  liberty,  as  to  ren 
der  arguments  unnecessary  to  excite  you  to  a  perseverance  in  this  laudable 
pursuit.  Permit  me  only  to  observe,  that  education,  by  correcting  the  morals 
and  improving  the  manners,  tends  to  prevent  those  evils  in  society  which  are 
beyond  the  sphere  of  legislation." 

On  the  21st  of  February  of  that  year,  Mr.  Peck,  of  Otsego,  from  the  joint 
committee  of  both  houses  on  this  portion  of  the  governor's  speech,  reported  a 
bill  authorizing  the  several  towns  to  organize  their  schools,  and  to  raise  money 
to  support  the  same.  No  definite  action,  however,  took  place  upon  it  during 
the  session  of  that  year. 

In  1804,  the  governor  again  called  the  attention  of  the  legislature  to  the  sub 
ject.  On  the  3d  of  March,  in  that  year,  Mr.  Peck,  from  the  committee  on  that 
portion  of  the  speech,  again  made  a  favorable  report,  accompanied  by  a  bill, 
which,  however,  shared  the  fate  of  its  predecessor. 

At  the  extra  session  of  the  legislature,  in  November,  1804,  Gov.  LEWIS 
brought  the  subject  before  that  body,  in  the  following  language : 

"I  cannot  conclude,  gentlemen,  without  caDing  your  attention  to  a  subject 
•which  my  worthy  and  highly  respected  predecessor  in  office  had  much  at  heart, 
and  frequently,  I  believe,  presented  to  your  view — the  encouragement  of  litera 
ture.  In  a  government,  resting  on  public  opinion,  and  deriving  its  chief  support 
from  the  affections  of  the  people,  religion  and  morality  cannot  be  too  sedulous 
ly  inculcated.  To  them,  science  is  an  handmaid  ;  ignorance,  the  woVst  of  ene 
mies.  Literary  information  should  then  be  placed  within  the  reach  of  every 
description  of  citizens,  and  poverty  should  not  be  permitted  to  obstruct  the  path 
to  the  fane  of  knowledge.  Common  schools,  under  the  guidance  of  respectable 
teachers,  should  be  established  in  every  village,  and  the  indigent  be  educated  at 
the  public  expense.  The  higher  seminaries  also,  should  receive  every  patron 
age  and  support  within  the  means  of  enlightened  legislators.  Learning  would 
thus  flourish,  and  vice  be  more  effectually  restrained  than  by  volumes  of  penal 
statutes." 

On  the  4th  of  February,  1805,  Gov.  Lewis  transmitted  a  special  message  to 
the  legislature  in  reference  to  this  subject,  in  which  he  recommended  the  appli 
cation  of  all  the  state  lands  for  the  benefit  of  colleges  and  schools ;  the  whole 
fund  and  entire  management  of  the  system  to  be  confided  to  the  Regents  of  the 
University,  under  such  regulations  as  the  legislature  might  prescribe ;  the  Re 
gents  to  have  the  power  of  appointing  three  trustees  for  each  district ;  who 
should  be  authorized  to  locate  the  sites  for  school  houses,  and  to  erect  such  hous 
es  wherever  necessary,  employ  teachers,  apply  the  funds  of  the  district,  and  levy 
taxes  on  the  inhabitants,  for  such  further  sums  as  might  be  required  for  the  sup 
port  of  the  school  and  the  education  of  indigent  children .  None  of  these  sug 
gestions,  however,  with  the  exception  of  the  first,  seem  to  have  met  with  any 
favor  at  the  hands  of  the  legislature. 


9 

On  the  2d  of  April,  the  legislature  passed  an  act  providing  that  the  nett  pro 
ceeds  of  500,000  acres  of  the  vacant  and  unappropriated  lands  of  the  people  of 
this  state,  which  should  be  first  thereafter  sold  by  the  siirveyor-general,  should 
be  appropriated  as  a  permanent  fund  for  the  support  of  common  schools ;  the 
avails  to  be  safely  invested  until  the  interest  should  amount  to  §50,000  ;  when 
an  annual  distribution  of  that  amount  should  be  made  to  the  several  school  dis 
tricts.  This  act  laid  the  foundation  of  the  present  fund  for  the  support  of  com 
mon  schools. 

By  the  act  to  incorporate  the  Merchants'  Bank  in  the  city  of  New- York,  pas 
sed  the  same  year,  the  state  reserved  the  right  to  subscribe  for  three  thousand 
shares  of  the  capital  stock  of  that  institution,  which,  together  with  the  accruing 
interest  and  dividends,  were  appropriated  as  a  fund  for  the  support  of  common 
schools,  to  be  applied  in  such  manner  as  the  legislature  should  from  time  to 
time  direct. 

By  acts  passed  March  13,  1807,  and  April  8,  1808,  the  comptroller  was  au 
thorized  to  invest  such  moneys,  together  with  the  funds  arising  from  the  pro 
ceeds  of  the  lotteries  authorized  by  the  act  of  1803  in  the  purchase  of  addition 
al  stock  of  the  Merchants'  Bank,  and  to  loan  the  residue  of  the  fund. 

No  determinate  action  on  the  part  of  the  legislature,  in  reference  to  the  estab 
lishment  of  a  system  of  common  schools,  was  had  during  the  years,  1806-7-8-9 
or  10.  At  the  opening  of  the  session  in  the  latter  year,  Gov.  TOMPKIKS  thus 
alludes  to  the  subject. 

"  I  cannot  omit  this  occasion  of  inviting  your  attention  to  the  means  of  instruc 
tion  for  the  rising  generation.  To  enable  them  to  perceive  and  duly  to  estimate 
their  rights,  to  inculcate  correct  principles  and  habits  of  morality  and  religion, 
and  to  render  them  useful  citizens,  a  competent  provision  for  their  education  is 
all-essential.  The  fund  appropriated  for  common  schools  already  produces  an 
income  of  about  826,000  annually,  and  is  daily  becoming  more  productive.  It 
rests  with  the  legislature  to  determine  whether  the  resources  of  the  state  will 
justify  a  further  augmentation  of  that  appropriation,  as  well  as  to  adopt  such 
plan  for  its  application  and  distribution,  as  shall  appear  best  calculated  to  pro 
mote  the  important  object  for  which  it  was  originally  designed." 

On  the  28th  of  February,  of  that  year,  the  comptroller,  in  obedience  to  a  reso 
lution  of  the  legislature,  calling  upon  him  for  information  as  to  the  condition  of 
the  school  fund,  reported  that  the  amount  of  receipts  into  the  treasury  up  to 
that  period,  of  moneys  belonging  to  the  fund,  was  $151,115.69,  of  which  $29,- 
100  had  been  invested  in  the  capital  stock  of  the  Merchants'  Bank,  $114,600 
loaned  in  pursuance  of  law,  and  the  residue  remained  in  the  treasury. 

In  1811,  Gov.  Tompkins  again  called  the  attention  of  the  legislature  to  this 
subject ;  and  a  law  was  passed,  authorizing  the  appointment  by  the  governor,  of 
five  commissioners,  to  report  a  system  for  the  organization  and  establishment  of 
common  schools.  The  commissioners  appointed  under  this  act  were  Jedediah 
Peck,  John  Murray,  Jr.,  Samuel  Russell,  Roger  Skinner,  and  Samuel  Macomb. 
On  the  14th  of  February,  1812,  they  submitted  a  report,  accompanied  by  the 
draft  of  a  bill,  comprising  substantially  the  main  features  of  our  common  school 
system,  as  it  existed  up  to  the  year  1 838.  In  the  bill,  as  it  originally  passed,  the 
electors  of  each  town  were  authorized  to  determine  at  their  annual  town  meet 
ing,  whether  they  would  accept  their  shares  of  the  money  apportioned  by  the 
state,  and  direct  the  raising  of  an  equal  amount  on  their  taxable  property.  So 
embarrassing,  hfcwever,  was  the  practical  operation  of  this  feature  of  the  sys 
tem,  that  on  the  recommendation  of  the  superintendent,  Gideon  Hawley,  Esq.,  it 
was  stricken  out ;  and  each  county  required  to  raise  by  tax  an  amount  equal  to 
that  apportioned  by  the  state. 

The  following  are  extracts  from  the  report  of  the  commissioners : 

"  perhaps  there  never  will  be  presented  to  the  legislature  a  subject  of  more 
importance  than  the  establishment  of  common  schools.  Education,  as  the  means 
of  improving  the  moral  and  intellectual  faculties,  is,  under  all  circumstances,  a 
subject  of  the  most  imposing  consideration.  To  rescue  man  from  that  state  of 
degradation  to  which  he  is  doomed,  unless  redeemed  by  education ;  to  unfold 
his  physical,  intellectual,  and  moral  powers  ;  and  to  fit  him  for  those  high  des- 


10 

tuvies  which  lu's  Creator  has  prepared  for  him,  cannot  fail  to  excite  the  most  ar 
dent  sensibility  of  the  philosopher  and  philanthropist.  A  comparison  of  the  sav 
age  that  roams  through  the  forest,  with  the  enlightened  inhabitant  of  a  civilized 
country,  would  be  a  brief  but  impressive  representation  of  the  momentous  im 
portance  of  education. 

'•  It  were  an  easy  task  for  the  commissioners  to  show,  that  in  proportion  as 
every  country  has  been  enlightened  by  education,  so  has  been  its  prosperity. 
Where  the  heads  and  hearts  of  men  are  generally  cultivated  and  improved,  vir 
tue  and  wisdom  must  reign,  and  vice  and  ignorance  must  cease  to  prevail.  Vir 
tue  and^wisdom  are  the  parents  of  private  and  public  felicity :  vice  and  ignorance, 
of  private  and  public  misery. 

"  If  education  be  the  cause  of  the  advancement  of  other  nations,  it  must  be- 
apparent  to  the  most  superficial  observer  of  our  peculiar  political  institutions, 
that  it  is  essential,  not  to  our  prosperity  only,  but  to  the  very  existence  of  our 
government.  Whatever  may  be  the  effect  of  education  on  a  despotic  or  monar 
chical  government,  it  is  not  absolutely  indispensable  to  the  existence  of  either. 
In  a  despotic  government,  the  people  have  no  agency  whatever,  either  in  the  for 
mation  or  in  the  execution  of  the  laws.  They  are  the  mere  slaves  of  arbitrary 
authority,  holding  their  lives  and  property  at  the  pleasure  of  uncontrolled  ca 
price.  As  the  will  of  the  ruler  is  the  supreme  law  ;  fear,  slavish  fear,  on  the 
part  of  the  governed,  is  the  principle  of  despotism.  It  will  be  perceived  readi 
ly,  that  ignorance  on  the  part  of  the  people  can  present  no  barrier  to  the  adminis 
tration  of  such  a  government ;  and  much  less  can  it  endanger  its  existence.  In 
a  monarchical  government,  the  operation  of  fixed  laws  is  intended  to  supersede 
the  necessity  of  intelligence  in  the  people.  But  in  a  government  like  ours,  where 
the  people  is  the  sovereign  power  ;  where  the  will  of  the  people  is  the  law  of 
the  land  ;  which  will  is  openly  and  directly  expressed  ;  and  where  every  act  of 
the  government  may  justly  be  called  the  act  of  the  people  ;  it  is  absolutely  es 
sential  that  that  people  be  enlightened.  They  must  possess  both  intelligence 
and  virtue  :  intelligence  to  perceive  what  is  right,  and  virtue  to  do  what  is  right. 
Our  republic,  therefore,  may  justly  be  said  to  be  founded  on  the  intelligence 
and  virtue  of  the  people.  For  this  reason,  it  is  with  much  propriety  that  the 
enlightened  Montesquieu  has  said,  '  in  a  republic  the  whole  force  of  education 
is  required.' 

"  The  commissioners  think  it  necessary  to  represent  in  a  stronger  point  of  view, 
the  importance  and  absolute  necessity  of  education,  as  connected  either  with  the 
cause  of  religion  and  morality,  or  with  the  prosperity  and  existence  of  our  politi 
cal  institutions.  As  the  people  must  receive  the  advantages  of  education,  the 
inquiry  uatyrally  arises,  how  this  end  is  to  be  attained.  The  expedient  devised 
by  the  legislature,  is  the  establisment  of  common  schools  ;  which  being  spread 
throughout  the  state  and  aided  by  its  bounty,  will  bring  improvement  within 
the  reach  and  power  of  the  humblest  citizen.  This  appears  to  be  the  best  plan 
that  can  be  devised  to  disseminate  religion,  morality,  and  learning  throughout 
a  whole  country.  All  other  methods,  heretofore  adopted,  are  partial  in  their 
operation  and  circumscribed  in  their  effects.  Academies  and  universities,  under 
stood  in  contradistinction  to  common  schools,  cannot  be  considered  as  operating 
impartially  and  indiscriminately,  as  regards  the  country  at  large.  The  advan 
tages  of  the  first  are  confined  to  the  particular  districts  in  which  they  are  estab 
lished  ;  and  the  second,  from  causes  apparent  to  every  one,  are  devoted  almost 
exclusively  to  the  rich.  In  a  free  government,  where  political  equality  is  estab 
lished,  and  where  the  road  to  preferment  is  open  to  all,  there  is  a  natural  stimu 
lus  to  education  •,  and  accordingly  we  find  it  generally  resorted  to,  unless  some 
great  local  impediments  interfere.  In  populous  cities,  and  the  parts  of  the  con- 
try  thickly  settled,  schools  are  generally  established  by  individual  exertion.  In 
these  cases,  the  means  of  education  are  facilitated,  as  the  expenses  of  schools 
are  divided  among  a  great  many.  It  is  in  the  remote  and  thinly  populated  parts 
of  the  state,  where  the  inhabitants  are  scattered  over  a  large  extent,  that  educa 
tion  stands  greatly  in  need  of  encouragement.  The  people  here,  living  far  from 
each  other,  makes  it  difficult  so  to  establish  schools,  as  to  render  them  convenient 
or  accessible  to  all.  Every  family,  therefore,  must  either  educate  its  own  chil 
dren,  or  the  children  must  forego  the  advantages  of  education. 


11 

"  These  inconveniences  can  be  remedied  best  by  the  establishment  of  com 
mon  schools,  under  the  direction  and  patronage  of  the  state.  In  these  schools 
should  be  taught,  at  least,  those  branches  of  education  which  are  indispensably 
necessary  to  every  person  in  his  intercourse  •with  the  -world,  and  to  the  perform 
ance  of  his  duty  as  a  useful  citizen.  Reading,  writing,  arithmetic,  and  the  princi 
ples  of  morality,  are  essential  to  every  person,  however  humble  his  situation  in 
life.  Without  the  first,  it  is  impossible  to  receive  those  lessons  of  morality, 
which  are  inculcated  in  tlfe  writings  of  the  learned  and  pious ;  nor  is  it  possible 
to  become  acquainted  with  our  political  constitutions  and  laws ;  nor  to  decide 
those  great  political  questions,  which  ultimately  are  referred  to  the  intelligence 
of  the  people.  Writing"and  arithmetic  are  indispensable  in  the  management 
of  one's  private  affairs,  and  to  facilitate  one's  commerce  with  the  world.  Morali 
ty  and  religion  are  the  foundation  of  all  that  is  truly  great  and  good,  and  are  con 
sequently  of  primary  importance.  A  person  provided  with  these  acquisitions, 
is  enabled  to  pass  through  the  world  respectably  and  successfully.  If,  however, 
it  be  his  intention  to  become  acquainted  with  the  higher  branches  of  science, 
the  academies  and  universities  established  in  different  parts  of  the  state  are  open 
to  him.  In  this  manner,  education  in  all  its  stages  is  offered  to  the  citizens 
generally. 

"  In  devising  a  plan  for  the  organization  and  establishment  of  common  schools, 
the  commissioners  have  proceeded  with  great  care  and  deliberation.  To  frame 
a  system  which  must  directly  affect  every  citizen  in  the  state,  and  so  to  regulate 
it,  as  that  it  shall  obviate  individual  and  local  discontent,  and  yet  be  generally 
beneficial,  is  a  task,  at  once  perplexing  and  arduous.  To  avoid  the  imputation 
of  local  partiality,  and  to  devise  a  plan,  operating  with  equal  mildness  and  ad 
vantage,  has  been  the  object  of  the  commissioners.  To  effect  this  end,  they 
have  consulted  the  experience,  of  others,  and  resorted  to  every  probable  source 
of  intelligence.  From  neighboring  states,  where  common  school  systems  are 
established  by  law,  they  have  derived  much  important  information.  This 
information  is  doubly  valuable,  as  it  is  the  result  of  long  and  actual  experience. 
The  commissioners  by  closely  examining  the  rise  and  progress  of  those  systems, 
have  been  able  to  obviate  many  imperfections  otherwise  inseparable  from  the 
novelty  of  the  establishment,  and  to  discover  the  means  by  which  they  have 
gradually  risen  to  their  present  condition. 

'•  The  outlines  of  the  plan  suggested  by  the  Commissioners  are  briefly  these  : 
that  the  several  towns  in  the  State  be  divided  into  school  districts,  by  three 
commissioners,  elected  by  the  citizens  qualified  to  vote  for  town  officers  :  that 
three  trustees  be  elected  in  each  district,  to  whom  shall  be  confided  the  care 
and  superintendence  of  the  school  to  be  established  therein  :  that  the  interest 
of  the  school  fund  be  divided  among  the  different  counties  and  towns,  according 
to  their  respective  population,  as  ascertained  by  the  successive  census  of  the 
United  States :  that  the  proportions  received  by  the  respective  towns  be  sub 
divided  among  the  districts  into  which  such  towns  shall  be  divided,  according 
to  the  number  of  children  in  each,  between  the  ages  of  five  and  fifteen  years : 
that  each  town  raise  by  tax  annually,  as  much  money  as  it  shall  have  received 
from  the  school  fund :  that  the  gross  amount  of  moneys  received  from  the  State 
and  raised  by  the  towns,  be  appropriated  exclusively  to  the  payment  of  the 
wages  of  the  teachers :  and  that  the  whole  system  be  placed  under  the  su 
perintendence  of  an  officer  appointed  by  the  Council  of  Appointment. 

*#####** 

"  Let  us  suppose  that  the  school  fund  were  arrived  at  that  point  where  by 
law  it  is  to  be  divided.  There  will  then  be  $50,000  of  the  public  money  to  be 
distributed  among  the  schools  ;  and  as  by  the  contemplated  plan  a  sum  is  to  be 
raised  annually  by  tax,  equal  to  the  interest  of  the  school  fund,  the  gross  amount 
of  moneys  wlu'ch  the  schools  will  receive  will  be  $100,000.  There  are  in  this 
State  forty-five  counties,  comprising,  exclusively  of  the  cities,  four  hundred  and 
forty-nine  towns.  It  will  be  very  evident,  therefore,  that  the  proportion  of 
each  town  must  be  necessarily  small.  As,  however,  the  school  districts  are  au 
thorized  to  raise  by  tax  a  sum  sufficient  to  purchase  a  lot,  on  which  the  school 


12 

•\       » j 

house  is  to  be  built,  to  build  the  school  house  and  keep  the  same  in  repair,  and 
as  the  school  moneys  are  devoted  exclusively  to  the  payment  of  the  teachers3 
wages,  the  sum,  however  small,  which  each  district  will  be  entitled  to,  will  be 
from  these  considerations  so  much  the  more  efficacious.  It  will,  however,  be  evi 
dent  to  the  Legislature,  that  the  funds  appropriated  from  the  State  for  the  sup 
port  of  the  common  school  system,  will,  alone,  be  very  inadequate.  And  the 
commissioners  are  of  opinion  that  the  fund,  in  any  stage  of  it,  even  when  the 
residue  of  the  unsold  lands  shall  be  converted  into  money,  bearing  an  interest, 
never  will  be,  alone,  adequate  to  the  maintenance  of  common  schools  ;  as  the 
increase  of  the  population  will  probably  be  in  as  great  if  not  a  greater  ratio  than 
that  of  the  fund.  But  it  is  hardly  to  be  imagined  that  the  Legislature  intend 
ed  that  the  State  should  support  the  whole  expense  of  so  great  an  establish 
ment.  The  object  of  the  Legislature,  as  understood  by  the  commissioners,  was 
to  rouse  the  public  attention  to  the  important  subject  of  education,  and  by 
adopting  a  system  of  common  schools,  in  the  expense  of  which  the  State  would 
largely  participate,  to  bring  instruction  within  the  reach  and  means  of  the  hum 
blest  citizen.  And  the  commissioners  have  kept  in  view  the  furtherance  of  this 
object  of  theLegislature ;  for  by  requiring  each  district  to  raise  by  tax  a  sum 
sufficient  to  build  and  repair  a  school  house,  and  by  allotting  the  school  moneys 
solely  to  the  payment  of  the  teachers'  wages,  they  have  in  a  measure  supplied 
two  of  the  most  important  sources  of  expense.  Thus  every  inducement  will  be 
held  out  to  the  instruction  of  youth."  *  *  * 

"  The  Legislature  will  perceive  in  the  system  contained  in  the  bills  submitted 
to  their  consideration,  that  the  commissioners  are  deeply  impressed  with  the  im 
portance  of  admitting,  under  the  contemplated  plan,  such  teachers  only  as  are 
duly  qualified.  The  respectability  of  every  school  must  necessarily  depend  on 
the  character  of  the  master.  To  entitle  a  teacher  to  assume  the  control  of  a 
school,  he  should  be  endowed  with  the  requisite  literary  qualifications,  not  only, 
but  with  an  unimpeachable  character.  He  should  also,  be  a  man  of  patient  and 
mild  temperament.  '  A  preceptor,'  says  Rousseau,  '  is  invested  with  the  rights, 
and  takes  upon  himself  the  obligations  of  both  father  and  mother.'  And  Quin- 
tillion  tells  us,  '  that  to  the  requisite  literary  and  moral  endowments,  he  must 
add  the  benevolent  disposition  of  a  parent.' "  *  *  * 

"  When  we  consider  the  tender  age  at  wliich  children  are  sent  to  school ;  the 
length  of  the  time  they  pass  under  the  direction  af  the  teachers ;  when  we 
consider  that  their  little  minds  are  to  be  diverted  from  their  natural  propensi 
ties  to  the  artificial  acquisition  of  knowledge ;  that  they  are  to  be  prepared  for 
the  reception  of  great  moral  and  religious  truths — to  be  inspired  with  a  love 
of  virtue  and  a  detestation  of  vice  ;  we  shall  forcibly  perceive  the  absolute  ne 
cessity  of  suitable  qualifications  on  the  part  of  the  master.  As  an  impediment 
to  bad  men  getting  into  the  schools,  as  teachers,  it  is  made  the  duty  of  the  town 
inspectors  strictly  to  inquire  into  the  moral  and  literary  qualifications  of  those 
who  may  be  candidates  for  the  place  of  teacher.  And  it  is  hoped  that  this  pre 
caution,  aided  by  that  desire  which  generally  prevails,  of  employing  good  men 
only,  will  render  it  unnecessary  to  resort  to  any  other  measure. 

"The  commissioners,  at  the  same  time  that  they  feel  impressed  with  the  im 
portance  of  employing  teachers  of  the  character  above  described,  cannot  re 
frain  from  expressing  their  solicitude,  as  to  the  introduction  of  proper  books 
into  the  contemplated  schools.  This  is  a  subject  so  intimately  connected  with 
a  good  education,  that  it  merits  the  serious  consideration  of  all  who  are  con 
cerned  in  the  establishment  and  management  of  schools.  Much  good  is  to  be 
derived  from  a  judicious  selection  of  books,  calculated  to  enlighten  the  under 
standing,  not  only,  but  to  improve  the  heart.  And  as  it  is  of  incalculable  con 
sequence  to  guard  the  young  and  tender  mind  from  receiving  fallacious  impres 
sions,  the  commissioners  cannot  omit  mentioning  this  subject  as  a  part  of  the 
•weighty  trust  reposed  in  them.  Connected  with  the  introduction  of  suitable 
books,  the  commissioners  take  the  liberty  of  suggesting  that  some  observations 
and  advice  touching  the  reading  of  the  BIBLE  in  the  schools  might  be  salutary. 
In  order  to  render  the  sacred  volume  productive  of,  the  greatest  advantage,  it 


13 

.-.win 

should  be  held  in  a  very  different  light  from  that  of  a  common  school  book. 
It  should  be  regarded  as  a  book  intended  for  literary  improvement,  not  merely, 
but  as  inculcating  great  and  indispensable  moral  truths,  also.  With  these  im 
pressions,  the  commissioners  are  induced  to  recommend  the  practice  introdu 
ced  into  the  New  York  Free  School,  of  having  select  chapters  read  at  the 
opening  of  the  school  in  the  morning,  and  the  like  at  the  close  in  the  after 
noon.  This  is  deemed  the  best  mode  of  preserving  the  religious  regard  which 
is  due  to  the  sacred  -writings.  *  *  *  *  * 

"The  commissioners  cannot  conclude  this  report  without  expressing  once 
more  their  deep  sense  of  the  momentous  subject  committed  to  them.  If  we 
regard  it  as  connected  with  the  cause  of  religion  and  morality  merely,  its  as 
pect  is  awfully  solemn.  But  the  other  views  of  it  already  alluded  to,  is  suffi 
cient  to  excite  the  keenest  solicitude  in  the  legislative  body.  It  is  a  subject, 
let  it  be  repeated,  intimately  connected  with  the  permanent  prosperity  of  our 
political  institutions.  The  American  empire  is  founded  on  the  virtue  and  in 
telligence  of  the  people.  But  it  were  irrational  to  conceive  that  any  form  of 
government  can  long  exist  without  virtue  in  the  people.  Where  the  largest 
portion  of  a  nation  is  vicious,  the  government  must  cease  to  exist  as  it  loses 
its  functions.  The  laws  cannot  be  executed  where  every  man  has  a  personal 
interest  in  screening  and  protecting  the  profligate  and  abandoned.  When 
these  are  unrestrained  by  the  wholesome  coercion  of  authority,  they  give  way 
to  every  species  of  excess  and  crime.  One  enormity  brings  on  another,  until 
the  whole  community,  becoming  corrupt,  bursts  forth  into  some  mighty  change 
or  sinks  at  once  into  annihilation.  'Can  it  be,'  said  Washington, '  that  Provi 
dence  has  not  connected  the  permanent  felicity  of  a  nation  with  its  virtue.' 
The  experiment,  at  least,  is  recommended  by  every  sentiment  which  ennobles 
human  nature. 

"  And  the  commissioners  cannot  but  hope  that  that  Being  who  rules  the  uni 
verse  in  justice  and  in  mercy,  who  rewards  virtue  and  punishes  vice,  will  most 
graciously  deign  to  smile  benignly  on  the  humble  efforts  of  a  people,  in 
a  cause  purely  his  own,  and  that  he  will  manifest  this  pleasure  in  the  lasting 
prosperity  of  our  country." 

We  cannot  deem  any  apology  necessary  for  the  space  occupied  by  these  ex 
tracts  from  this  admirable  report :  shadowing  forth  as  it  does,  the  great  features 
of  that  system  of  public  instruction  subsequently  adopted,  and  successfully  car 
ried  into  execution ;  and  laying  down  in  language  at  once  eloquent  and  impres 
sive,  those  fundamental  principles  upon  which  alone  any  system  of  popular 
education,  in  a  republic  like  ours,  must  be  based.  The  leading  features  of  the 
system  proposed  by  the  commissioners,  were  adopted  and  passed  into  a  law  by 
the  Legislature,  during  the  session  of  1812,  with  the  exception  of  leaving  it 
discretionary  with  the  electors  of  the  several  towns,  after  the  first  distribution 
of  public  money,  to  receive  their  share  and  to  raise  an  equal  amount  by  tax,  or 
to  dispense  alike  with  the  burthen  and  the  benefits  of  the  legal  provisions, 
by  vote  at  their  annual  town  meetings. 

Administration  of  GIDEON  HAWLEY,  Superintendent  of  Common  Schools — 
1813  to  1821. 

On  the  organization  of  the  system,  GIDEON  HAWLEY,  Esq.,  then  of  the  county 
of  Saratoga,  was  appointed  by  the  Council  of  Appointment,  Superintendent  of 
Common  Schools. 

On  the  fourth  day  of  February,  1814,  the  first  annual  report  of  Mr.  Haw- 
ley,  as  Super intendant  of  Common  Schools,  was  transmitted  to  the  Legisla 
ture  ;  in  which  he  informs  that  body  that,  in  pursuance  of  the  act  for  the  estab 
lishment  of  common  schools,  passed  on  the  19th  of  June,  1812,  he  had  at  the  com 
mencement  of  the  preceding  year  given  due  notice  of  an  intended  distribution  of 
the  interest  of  the  school  fund,  and  that  by  means  of  such  notice,  that  act  had  been 
carried  into  operation  so  far  as  depended  on  him:  that  although  no  official  returns 
had  been  received  from  which  an  estimate  might  be  formed  of  the  beneficial 
operation  of  the  act,  yet  that  satisfactory  evidence  had  been  obtained,  that  in 
many  cases  its  operation  had  been  prevented  by  the  refusal  or  neglect  of  towns 
to  comply  with  its  provisions ;  and  that  in  other  cases  where  such  compliance 
had  beer  made,  and  the  act  thereby  carried  into  eifect,  its  operation  had  been 


14 

much  embarrassed  by  difficulties,  arising,  as  was  believed,  from  the  imperfection 
of  its  provisions ;  that  notwithstanding  these  obstacles  and  embarrassments,  its 
influence  had  already  proved  very  salutary,  and  that  with  the  aid  of  legislative 
amendment,  it  promised  to  yield  all  that  encouragement  to  common  schools 
which  it  was  designed  to  give.  "  It  was  not  to  be  expected,"  continues  the  Su 
perintendent,  "  that  any  system  for  the  establishment  of  common  schools  could 
b«  devised,  which  in  its  first  form  should  be  wholly  free  from  imperfections ;  and 
accordingly  it  has  been  found  that  the  existing  law  for  the  establishment  of  such 
a  •ystem  is,  in  some  respects,  defective  in  its  provisions,  and  obscure  and  doubt- 
f«l  in  its  meaning."  The  report  goes  on  to  suggest  such  amendments  as  were 
deemed  requisite  in  various  particulars,  not  necessary  to  enumerate  here.  The 
operation,  however,  of  that  portion  of  the  law  which  left  it  optional  with  the 
several  towns  to  comply  with  its  conditions  and  participate  in  its  benefits,  or  not, 
as  the  inhabitants  at  their  annual  town  meeting  might  determine,  is  worthy  of 
special  notice.  "We  quote  from  that  portion  of  the  report  which  examines  this 
feature  of  the  system. 

"  The  fifth  section  of  the  act  provides  that  such  towns  in  every  county  ae 
shall  have  complied  with  the  law,  by  directing  their  Supervisors  to  levy  on 
them  the  sum  required  by  the  act  to  entitle  them  to  their  proportion  of  the 
public  money,  shall  receive  by  appointment,  from  the  board  of  supervisors,  the 
whole  dividend  of  the  county,  according  to  their  respective  population,  to  the 
exclusion  of  such  towns  as  shall  not  have  complied  with  the  law.  By  a  sub 
sequent  part  of  the  same  section,  it  is  further  provided  that  the  sum  required 
to  be  raised  on  each  town,  to  entitle  it  to  a  share  of  the  public  money,  must  be 
equal  to  the  sum  apportioned  to  such  town  by  the  board  of  supervisors.  By  the 
operation  of  these  several  provisions  in  the  act,  the  case  may  be  that  a  single 
town  in  a  county  shall  be  entitled  to  receive  the  whole  dividend  for  such  county; 
and  although  this  sum  shall  be  more  than  sufficient,  (as  in  ordinary  cases  it  will 
be,)  to  support  all  its  schools,  it  must  nevertheless  be  subjected  by  tax  to  the 
payment  of  an  additional  sum  equal  in  amount  to  the  sum  it  is  entitled  to  re 
ceive  ;  and  this  additional  sum  must,  in  law,  be  applied  to  the  support  of  its 
schools,  which  may  have  had  (and  in  ordinary  cases  will  have  had)  an  excess 
of  support  already.  Although  the  case  here  supposed  has  not  yet  occurred, 
to  the  knowledge  of  the  Superintendent,  there  is  nevertheless  good  reason  to 
believe  it  will  occur ;  satisfactory  evidence  having  been  obtained,  that  in  some 
counties  but  few  towns  have  complied  with  the  law,  or  shown  any  disposition 
to  comply  therewith.  The  mischief  herein  complained  of,  may  be  remedied 
by  providing  that  the  board  of  supervisors  shall  not,  in  any  case,  raise  by  tax 
on  any  town,  a  sum  exceeding  the  sum  which  such  town  shall  be  entitled  to 
receive  out  of  the  county  dividend,  if  all  the  towns  in  the  county  had  com 
plied  with  the  law. " 

"  It  will  be  found  by  inspection  of  the  act,  that  one  of  its  principal  features 
is  the  provision  which  gives  every  town  an  election,  either  to  comply  with  the 
act  and  receive  its  benefits,  and  bear  its  burdens,  or  to  refuse  sucTi  compliance, 
and  thereby  forego  its  benefits  and  avoid  its  burdens.  In  the  exercise  of  ttie 
choice,  it  has  already  been  observed  that  many  towns  have  refused  to  comply 
with  the  act,  and  it  is  believed  they  will  generally  persist  in  such  refusal,  and 
that  some  other  towns  which  have  already  complied  with  the  law,  will  endea 
vor  to  retract  their  compliance.  By  allowing  such  an  option  to  every  town, 
the  operation  of  the  act  depending  on  the  pleasure,  and  not  unfrequently  the" 
caprice  of  a  few  individuals,  will  be  always  partial  and  fluctuating ;  it  will, 
moreover,  be  embarrassed  by  all  the  difficulties  which  are  naturally  connected 
with  instability  of  system  and  intricacy  of  form.  It  is  therefore  submitted 
whether  this  provision  in  the  act  may  not  be  so  amended  as  to  make  it  obliga 
tory  on  towns  to  comply  with  the  act,  and  also  on  the  board  of  supervisors  of 
the  several  counties  to  levy  on  their  respective  towns,  a  sum  equal  to  the  suna 
which  shall  be  apportioned  to  such  towns  out  of  the  public  money  to  be  dis 
tributed." 

This  suggestion  was  adopted  by  the  legislature,  and  the  act  amended  in 
this  and  various  other  respects,  in  conformity  to  the  recommendation  of  the 
Superintendent. 


•  15 

On  the  llth  of  February,  1815,  Mr.  Hawley  transmitted  to  the  legislature 
hie  second  annual  report  as  Superintendent.  The  returns  which  had  been 
made  to  him  from  the  several  counties  were,  however,  so  few  in  number,  and 
in  general  BO  extremely  defective  in  substance,  and  inartificial  in  form,  that  he 
did  not  deem  it  advisable  to  communicate  them  to  the  legislature,  preferring  to 
defer  the  performance  of  the  duty  required  of  him  in  this  respect  until  morfc 
perfect  returns,  in  accordance  with  forms  and  instructions  to  be  prepared  by 
him,  should  enable  him  to  discharge  it  more  beneficially  to  the  public. 

On  the  first  day  of  April,  1816,  the  Superintendent  transmitted  his  third 
annual  report,  from  which  it  appeared  that  returns  relative  to  the  condition  of 
the  schools  had  been  made  to  him  from  338  towns  in  thirty-six  of  the  forty-six 
counties  then  in  the  State ;  that  the  whole  number  of  districts  from  which 
reports  had  been  received  by  the  commissioners,  in  conformity  to  law,  was 
2,631 ;  that  the  whole  number  of  children  between  the  ages  of  five  and  fifteen 
in  said  districts  was  176,449  ;  and  that  140,106  had  been  under  instruction 
during  a  portion  of  the  year  reported,  in  the  common  schools.  The  Superin 
tendent,  however,  observes : 

"  The  returns  not  being  complete,  and  many  of  them  being  defective  in  some 
one  or  more  of  their  necessary  requisites,  it  is  difficult  to  form  any  certain  es 
timate  from  them.  Taking,  however,  the  most  correct  and  full  returns  for'  a 
criterion,  it  would  appear  that  there  are  within  the  state  about  five  thousand 
districts  in  which  common  schools  are  established ;  that  the  number  of  children 
taught  in  them  is  at  least  two  hundred  thousand  ;  and  that  the  number  of 
children  between  the  agee  of  five  and  fifteen  years,  residing  in  those  districts, 
is  about  two  hundred  and  fifty  thousand.  The  city  of  Albany  and  the  city 
and  county  of  New  York,  not  being  divided  into  school  districts  under  the  act 
are  not  included  in  this  estimate . "  These  being  the  first  statistical  returns  un 
der  the  act  of  1812,  it  may  not  be  uninteresting  to  contrast  them  with  those 
for  the  year  1849,  after  a  lapse  of  thirty-nine  years.  The  whole  number  of 
school  districts  is  now  eleven  thousand  four  hundred  ;  the  number  of  children 
between  the  ages  of  five  and  sixteen  is  about  seven  hundred  and  fifty-thousand 
and  not  less  than  eight  hundred  thousand  are  under  instruction  during  the 
whole  or  a  portion  of  the  year  in  common  schools. 

But  to  resume  our  quotation  from  Mr.  Hawley's  report : — 

"  The  Superintendent  has  also  had  the  satisfaction  to  learn  from  other  sour 
ces,  that  the  establishment  of  common  schools  by  law  has  already  produced 
many  great  and  beneficial  results.  The  number  of  schools  has  been  increased; 
many  school  houses  have  been  built ;  more  able  teachers  employed,  and  much 
of  that  interest  which  ought  to  be  felt  in  behalf  of  common  schools,  has  been 
generally  excited.  The  beneficial  operation  of  the  act  has  also  been  visible 
in  the  pecuniary  aid  which  many  schools  have  derived  from  it.  A  perpetual 
annuity  of  twenty  dollars,  which  is  the  average  sum  received  by  each  district, 
under  the  act,  ought  not  to  be  considered  a  trifle  unworthy  of  any  account.  It 
has  been  very  sensibly  felt,  especially  in  those  districts  where,  from  the  inabil 
ity  of  the  inhabitants,  or  from  any  other  cause,  common  schools  have  not  been 
kept  open  for  the  whole  year,  and  when  the  revenue  of  the  fund  shall  have 
attained  its  full  growth,  the  distributive  share  of  each  district  will  be  so  much 
more  considerable,  that  the  munificence  of  the  legislature  cannot  fail  to  be 
jjaore  gratefully  acknowledged. 

"  But  the  great  benefit  of  the  act  does  not  lie  in  any  pecuniary  aid  which  it 
may  afford.  The  people  of  this  state  are,  in  general,  able  to  educate  their  chil 
dren  without  the  aid  of  any  public  gratuity,  and  if  they  fail  in  tliis  respect,  it 
is  owing  more  to  their  want  of  proper  schools  than  of  *  sufficient  means.  The 
public  gratuity  is  important,  as  it  tends  to  excite  an  interest  in  the  affairs  of 
common  schools  which  might  not  otherwise  be  felt,  and  is  also  beneficial  in 
many  other  respecte.  But  the  great  benefit  of  the  act  consists  in  securing  the 
establishment  of  common  schools,  wherever  they  are  necessary ;  in  organizing 
them  on  a  suitable  and  permanent  foundation,  and  in  guarding  them  against  the 
atbaiesion  of  unqualified  teachers.  These  were  the  great  ends  proposed  ia 


'  16 

the  establishment  of  common  schools  by  law,  and  under  the  wise  and  liberal 
policy  of  the  legislature,  these  ends  have  been  so  far  accomplished  as  to  war 
rant  full  faith  in  their  final  complete  attainment." 

On  the  12th  of  March,  1817,  Mr.  HAWLEY  transmitted  to  the  Legislature  his 
fourth  annual  report,  in  which  he  states  that  "  the  returns  which  have  been  made 
to  him  during  the  last  year,  from  most  of  the  counties  of  the  State,  afford  satis 
factory  evidence  of  a  progressive  increase  in  the  number  of  common  schools, 
and  a  corresponding  improvement  in  their  condition.  It  is  ascertained  with 
sufficient  certainty,  that  there  are  within  the  State,  exclusive  of  the  city  and 
county  of'  New  York,  at  least  five  thousand  common  schools,  which  have  been 
organized  and  kept  up  under  thq  act  for  their  establishment ;  and  that  the  num 
ber  of  children  annually  taught  in  them  exceeds  two  hundred  thousand." 

In  his  fifth  annual  report,  under  date  of  March  16,  1818,  the  Superintendent 
informs  the  Legislature,  that  from  the  returns  made  to  him  during  the  preceding 
year,  it  appeared  that  there  were  more  than  five  thousand  common  schools,  in 
which  were  annually  taught  upwards  of  two  hundred  thousand  children,  the  re 
turns  not  being  sufficiently  full  and  definite  to  enable  him  to  speak  with  more 
precision.  •'  On  comparing  the  returns  of  common  schools,  however  for  differ 
ent  years,  it  appeared  that  in  almost  every  district  a  greater  proportion  of  the 
children  between  the  ages  of  five  antl  fifteen  years,  have  been  taught,  and  a  reg 
ular  school  supported  for  a  longer  time  in  every  succeeding  year,  than  in  the 
preceeding  one.  To  this  result,  so  favorable  to  the  establishment  of  common 
schools  by  law,  it  may  be  added — and  it  has  not  escaped  the  most  transient  ob 
server — that  under  the  operation  of  this  system,  better  teachers  have  been  em 
ployed,  a  new  and  more  respectable  character  given  to  our  common  schools,  and 
a  much  greater  interest  excited  in  then-  behalf:' 

"  It  is  now  more  than  five  years,"  continues  the  Superintendent,  "  since  com 
mon  schools  were  established  by  law.  The  first  act  of  the  legislature  was 
passed  in  1812.  Soon  after  this  act  was  carried  into  operation,  it  was  discov 
ered  to  i  be  defective  in  many  of  its  provisions.  To  supply  this  defect,  and  to 
add  some  provisions  which  were  deemed  necessary,  a  new  act  was  passed  in 
1814.  This  act  was  also  found  on  trial  to  be  imperfect,  and  in  the  following 
year  it  underwent  sundry  amendments.  Since  that  time,  the  system  founded 
on  the  act  of  1814  and  the  amendments  of  1815,  has  remained  unaltered  ;  nor 
has  a  practice  of  three  years  under  it  discovered  any  very  great  defects.  It 
was  not,  however,  to  be  expected,  even  after  the  amendments  of  1815,  that  the 
system  would  be  found  complete  and  perfect  in  all  its  details  ;  on  the  contrary, 
it  was  to  be  expected  of  this  as  of  every  other  new  and  untried  system,  that 
time  would  develope  many  imperfections  which  had  not  been  foreseen."  The 
Superintendent  proceeds  to  suggest  several  particulars  of  the  system  which,  in 
his  judgment,  required  amendment,  and  adds,  "although  when  a  system  is  once 
established  it  is  not  advisable  to  subject  it  to  frequent  revision  and  amendment, 
without  urgent  cause — yet  as  the  system  of  common  schools  might  be  impro 
ved  in  these  and  other  respects  not  adverted  to,  and  it  will  be  necessary,  at 
least,  to  consolidate  the  different  acts  on  the  subject,  the  propriety  of  revising 
the  whole  system  and  amending  it  in  some  of  its  subordinate  parts,  is  respect 
fully  submitted."  The  residue  of  the  report  is  devoted  to  a  consideration  of 
the  Lancasterian  system  of  education,  the  introduction  of  which  into  the  com 
mon  schools  had  been  strongly  recommended  by  the  governor,  (De  Witt  Clin-^ 
ton,)  in  his  speech  at  the  opening  of  the  session.  The  peculiar  excellencies  of 
this  system  were  clearly  and  distinctly  pointed  out  by  the  Superintendent,  and 
its  adoption,  especially  in  all  the  larger  schools  in  cities  and  villages,  urgently 
and  ably  enforced.  Under  the  impetus  thus  given,  Lancasterian  schools  were 
established  in  many  portions  of  the  State,  and  societies  incorporated,  some 
of  which  are  still  in  existence,  having  for  their  object  the  introduction  and  pro 
motion  of  the  system  of  Bell  and  Lancaster,  then  at  its  zenith  of  popularity. 
Experience,  however,  failed  to  realize  the  sanguine  anticipations  of  those 
friends  of  education  who  saw  in  the  general  adoption  of  this  system  the  com 
mencement  of  a  new  and  brighter  era  in  the  science  of  elementary  instruc 
tion  ;  and  after  an  ephemeral  and  sickly  existence,  these  institutions,  from 
which  such  favorable  results  were  expected,  languished,  and  with  few  excep- 


17 

tione,  disappeared.  Whether  the  failure  of  this  experiment  resulted  from 
inherent  defects  in  the  monitorial  system  of  instruction,  from  it**  want  of 
adaptation  to  the  peculiar  genius  of  ova-  people,  or  from  an  inability  on  the 
part  of  those  to  whom  its  administration  was  committed,  to  carry  into  ef- 
ieet  the  plan  of  its  founders  and  the  views  of  its  advocates,  is  still  an  un 
settled  question. 

Chi  the  17th  of  February,  1819,  the  Superintendent  transmitted  to  the 
Legislature  his  sixth  annual  report.  From  the  returns  which  had  been 
made  to  him  during  the  preceding  year,  it  appeared  that  the  whole  num 
ber  of  common  schools  in  this  State,  organized  and  permanently  establish 
ed  under  the  act  of  the  Legislature,  may  be  estimated  at  nearly  six  thou 
sand  ;  and  the  number  of  children  annually  taught  in  them,  in  the  various 
branches  of  elementary  education,  at  nearly  two  hundred  and  fifty  thou 
sand.  "  This  great  increase  and  prosperity  of  our  common  schools,"  contin- 
,ues  the  Superintendent,  "is  evidently  the  result  of  the  wise  and  liberal 
.policy  adopted  by  the  legislature  for  their  encouragement  and  support.  On 
comparing  the  returns  of  schools  made  for  different  years  since  their  first 
.  establishment  by  law,  it  appears  that  they  have  increased  in  a  much  great 
er  ratio  than  the  increase  of  population!!  and  that  their  condition,  which 
•  was  before  stationary,  has,  under  the  salutary  operation  of  the  law  for 
their  establishment,  been  rapidly  and  substantially  improved. 

"The  same  data  also  afford  evidence  that  common  schools  have  risen  in 
public  estimation,  and  received  a  degree  of  care  and  attention  to  their 
concerns,  corresponding  with  their  increase  and  prosperity.  If  these  re 
sults  were  the  only  evidence  of  a  beneficial  operation  in  the  system  of 
common  schools  provided  by  law,  they  would  be  sufficient  to  establish  the 
public  confidence  in  the  policy  of  that  system,  and  to  secure  it  a  perma 
nent  duration.  But  it  is  well  known,  although  it  does  not  appear  from  any 
data  in  the  returns,  that  the  system  has  produced  other  results  not  less  in 
magnitude  or  merit.  It  has  secured  our  schools  against  the  admission  of 
unqualified  teachers,  by  requiring  them  to  submit  to  examination  before  a 
public  board  of  inspectors,  and  to  obtain  from  them  a  certificate  of  appro 
bation,  before  they  can  legally  be  employed.  It  has  imparted  to  common 
schools  a  new  and  more  respectable  character,  by  making  them  a  subject  of 
legal  notice,  and  investing  them  with  powers  to  regulate  their  own  con 
cerns.  It  has  corrected  many  evils  in  the  discipline  and  government  of 
schools,  not  only  by  excluding  unqualified  teachers  but  by  subjecting  the 
schools  and  course  of  studies  in  them  to  the  frequent  inspection  of  public 
officers.  It  has  founded  schools  in  places  where,  by  conflicting  interests  or 
want  of  concert  in  the  inhabitants,  none  had  been*  before  established  ;  and 
it  has,  by  its  pecuniary  aid,  enabled  many  indigent  children  to  receive  the 
benefits  of  education  which  would  riot  othei'wi^e  have  been  within  their 
reach.  The  system  having  already  fulfilled  so  many  of  the  beneficial  ends 
of  its  institution,  and  it  being  now  only  six  years  since  it  was  iirst  organ 
ized  and  carried  into  operation,  it  is  warrantable  to  infer  that  all  the  ex 
pectations  of  its  founders  will  in  due  time  be  realized. 

The  Superintendent  renews  his  recommendation  for  a  revision  and  con 
solidation  of  the  several  enactments  relating  to  common  schools.  His  sug 
gestions  in  this  respect  were  adopted  by  the  legislature',  and  on  the  19th  of 
April  following,  the  "  Act  for  the  support  of  Common  Schools"  was  re-en 
acted,  with  the  various  amendments  which  had  from  time  to  time  been 
made,  and  such  as  were  suggested  by  Mr.  Hawley  in  his  reports  for  the  two 
preceding  years.  The  publication  of  the  revised  act  was  accompanied  by 
an  able  exposition  of  its  various  provisions,  from  tlxo  pen  of  Mr.  Hawley, 
and  with  complete  forms  for  the  several  proceedings  required  under  it  by 
the  several  officers  connected  with  its  administration. 

On  the  21st  of  February,  1820,  Mr.  Hawley  transmitted  tq  the  legislature 
his  seventh  annual  report.'  He  states  "that  the  returns  of  common  schools 
for  the  last  year  are  much  more  full  and  satisfactory  than  any  before  re 
ceived  ;"  that  from  these  returns  it  appeared  that  in  515  towns  there  were 


18 

5,763  common  schools,  organized  according  to  law,  and  that  in  5,1  II  *f 
these  schools,  from  which  only  particular  district  returns  had  been  re<WJtT 
ed,  there  had  been  taught  during  the  year,  in  the  various  branches  of  •«*«- 
mentary  education,  271,877  children.  The  number  of  children  between  the 
ages  of  five  and  fifteen  years,  residing  in  the  districts  from  which  returws 
had  been  received,  was  302,703,  making  the  number  of  children  taragfet, 
equal  to  nine-tenths  of  the  whole  number  between  the  ages  of  five  and  fif 
teen. 

On  the  21st  of  February,  1821,  Mr.  Hawley  transmitted  to  the  Legisla 
ture  his  eighth  and  last  annual  report  as  Superintendent ;  from,  which  it 
appeared  that  in  545  towns  from  which  returns  had  been  received,  there 
were  6,323  school  districts  organized  according  to  law,  from  5,489  of  which 
particular  district  reports  had  been  made,  showing  that  of  317,633  children 
between  the  ages  of  five  and  fifteen  years,  residing  in  those  districts,  304, 
549  had  been  under  instruction  during  portions  of  the  year  in  the  common 
schools.  "The  proportion,"  observes  the  Superintendent,  "which,  from  *ke 
present  returns,  the  number  of  children  taught  bears  to  the  number  between 
the  ages  of  five  and  fifteen  years  is  much  greater  than  at  any  former  period. 
In  about  one  half  of  the  towns  in  the  state,  the  number  taught  exceeds  the 
number  between  the  ages  of  five  and  fifteen  years  ;  and  taking  the  whole 
state  together,  the  number  taught  is  more  than  uineteen-twentieths  of  the 
number  between  these  ages. 

"  The  average  length  of  time  for  which  schools  have  been  kept  for  the 
last  year,  has  also  increased  in  about  the  same  ratio  as  the  number  of 
children  taught.  There  is  now,  therefore,  reason  to  believe  that  the  num 
ber  of  children  in  the  state  who  do  not  attend  any  school,  and  who  are  not 
otherwise  in  the  way  of  receiving  a  common  education,  is  very  small.  The 
public  bounty  is  sufiicient  to  defray  the  expense  of  most  schools  for  about 
three  months  in  the  year ;  and  where  that  is  expended  in  different  parts 
of  the  year,  so  as  not  to  defray  the  whole  expense  of  the  school  for  a»y 
particular  part,  it  is  understood  that  in  most  districts  poor  children  have 
been  permitted  to  attend  the  district  school  free  of  expense,  under  that  pro 
vision  in  the  school  act  which  empowers  districts  to  exonerate  those  child 
ren  from  the  payment  of  teachers"'  wages.  The  readiness  with  which  stfeb 
permission  has  been  generally  granted,  wherever  it  has  been  deserved,  is 
very  creditable  to  the  pnblic  spirit  and  liberality  of  the  inhabitants  of 
school  districts,  and  it  is  considered  proper  on  this  occasion,  to  bring  -the 
fact  to  the  notice  of  the  legislature.  From  these  circumstances,  in  connec 
tion  with  the  friendly  disposition  every  where  manifested  in  the  cause-  of 
education,  it  is  considered  warrantable  to  infer,  that  of  the  rising  generation 
in  this  state,  very  few  individuals  will  arrive  to  maturity  without  the  en 
joyment  and  protection  of  a  common  education." 

To  no  individual  in  the  state,  are  the  friends  of  common  school  educa 
tion  more  deeply  indebted  for  the  impetus  given  to  the  cause  of  elementary 
instruction  in  its  infancy,  than  to  GIDEON  HAWLEY.  At  a  period  whe» 
every  thing  depended  upon  organization ;  upon  supervision  ;  upon  practi 
cal  acquaintance  with  the  most  minute  details  ;  and  upon  a  patient,  per 
severing,  laborious  process  of  exposition,  Mr.  Hawley  united  in  himself  all 
the  requisites  for  the  efficient  discharge  of  the  high  functions  devolved  upow 
him  by  the  legislature.  From  a  state  of  anarchy  and  confusion,  and  com 
plete  disorganization,  within  a,  period  of  less  than  eight  years,  arose  a  beau 
tiful  and  stately  fabric,  based  upon  the  most  impregnable  foundations,  sus 
tained  by  an  enlightened  public  sentiment,  fortified  by  the  best  and  most 'en 
during  affections  of  the  people,  and  cherished  as  the  safeguard  of  the  state 
— the  true  palladium  of  its  greatness  and  prosperity.  Within  this  brief 
period  the  number  of  school  districts  had  more  than  doubled,  and  the  jpro 
portion  of  children  annually  participating  in  the  blessing  of  elementary  in 
struction,  increased  from  four -fifths  to  twenty-four  twenty-fifths  of  the  whole 
number  residing  in  the  state  of  a  suitable  age  to  attend  the  public  schools. 
When  we  take  into  view  the  disadvantages  under  which  every  new  and  lin- 


19 

tried  system  must,  of  necessity,  labor,  before  it  can  be  commended  to  gen 
eral  adoption,  and  consider  the  immense  variety  of  interests  which  were, 
to  a  greater  or  less  extent,  affected  by  the  stringent  provisions  of  the  act  of 
1812,  and  its  subsequent  amendments,  we  cannot  fail  of  being  surprised  at 
the  magnitude  of  the  results  which  developed  themselves  under  the  admin 
istration  of  Mr.  Hawley.  The  foundations  of  a  permanent  and  noble  system 
of  popular  education  were  strongly  and  securely  laid  by  him,  and  we  are 
now  witnessing  the  magnificent  superstructure,  which,  in  the  progress 
of  a  quarter  of  a  century,  has  been  gradually  upbuilt  on  these  foundations. 
WELCOME  ESLEECK,  of  the  city  of  Albany,  was  named  as  his  successor  in  of 
fice,  but  the  legislature  saw  fit  to  abolish  the  office  as  a  separate  depart 
ment  of  the  government,  and  to  devolve  its  duties  upon  the  secretary  of 
state. 

Administration  of  JOHN  VAN  NESS  YATES,  Secretary  of  State  and  Super 
intendent  ex  offtcio  of  common  Schools,  1821  to  1826. 

By  the  Constitution  of  1821,  the  proceeds  of  all  lands  thereafter  to  be  sold, 
belonging  to  the  state,  with  the  exception  of  such  as  might  be  reserved  for 

n'  'ic  use  or  ceded  to  the  United  States,  together  with  the  existing  school 
,  were  declared  to  constitute  "  a  perpetual  fund,  the  interest  of  which 
shall  be  invioably  appropriated  and  applied  to  the  support  of  common 
schools  throughout  this  state." 

In  his  speech  at  the  opening  of  the  legislature,  at  its  session  of  1822,  the 
governor  (De  Witt  Clinton)  refers  to  the  condition  of  the  system  of  public 
intruction,  in  the  following  terms  : 

"  The  excellent  direction  which  has  been  given  to  the  public  bounty,  in 
appropriations  for  common  schools,  academies  and  colleges,  is  very  percepti 
ble  in  the  multiplication  of  our  seminaries  of  education,  in  the  increase  of 
the  number  of  students,  and  in  the  acquisition  of  able  and  skilful  teachers. 
The  Lancasterian  or  monitorial  system  is  making  its  way  in  the  community, 
by  the  force  of  its  transcendant  merits.  Our  common  schools  have  flourish 
ed  beyond  all  former  example."  *  *  *  *  *  *  * 
"I  am  happy  to  have  it  in  my  power  to  say  that  this  state  has  always  evin 
ced  a  liberal  spirit  in  the  promotion  of  education  ;  and  I  am  persuaded  that 
no  considerations  short  of  total  inability  will  ever  prevent  similar  demon 
strations.  The  first  duty  of  a  state  is  to  render  its  citizens  virtuous,  by 
intellectual  instruction  and  moral  discipline,  by  enlightening  their  minds, 
purifying  their  hearts,  and  teaching  them  their  rights  and  their  obligations. 
Those  solid  and  enduring  honors  which  arise  from  the  cultivation  of  science, 
and  the  acquisition  and  diffusion  of  knowledge,  will  outlive  the  renown  of  the 
statesman  and  the  glory  of  the  warrior;  and  if  any  stimulus  were  wanting  in  a 
case  so  worthy  of  all  our  attention  and  patronage,  we  may  find  it  in  the  ex 
ample  before  our  eyes  of  the  author  of  the  Declaration  of  Independence, 
who  has  devoted  the  evening  of  his  illustrious  life  to  the  establishment  of 
an  university  in  his  native  state." 

In  connection  with  this  subject  the  governor  also  transmitted  the  pro 
ceedings  of  the  legislatures  of  the  several  states,  relative  to  the  appropria 
tion  of  a  portion  of  the  national  domain  to  the  purposes' of  education  ;  by 
which  it  appeared  that  in  eleven  of  the  new  states  and  territories,  the 
general  government  had  appropriated  one  thirty  -.sixth  part  of  the  public  land 
for  common  schools,  and  one  fifth  part  of  that  thirty-sixth  part  for  colleges 
and  academies;  and  while  it  was  admitted  that  this  disposition  was  in  all  res 
pects  proper  and  laudable,  it  was  contended  that  the  other  members  of  the 
confederacy  were  entitled  to  a  correspondent  benefit  out  of  the  same  com 
mon  fund.  "  This  claim,  "  observes  his  Excellency,  "  appears  to  be  sustain 
ed  by  the  most  conclusive  reasoning ;  and  it  is  believed  to  be  impossible 
for  congress  to  resist  an  application  so  just  and  beneficial.  If,  however,  this 
measure  were  calculated  to  embarrass  the  financial  arrangements  of  the 
national  government,  to  make  a  serious  inroad  on  the  national  domain,  or 
to  disparage  the  interests  of  the  states  which  have  already  been  benefitted, 
I  should  be  entirely  unwilling  to  press  it.  Whatever  ratio  of  distribution 
may  be  adopted,  the  quantum  of  population,  or  the  extent  of  territory  of 
each  state,  the  deduction  from  the  landed  estate  of  the  empire,  would  be  so 


20 

small  as  scarcely  to  be  felt.  In  either  case  it  would  not  exceed  ten  mil 
lions  out  of  five  hundred  millions  of  acres  owned  by  the  United  Stat€e. 
It  is  our  duty  to  co-operate  in  obtaining  justice  for  our  sister  states  as  well 
as  for  ourselves.  If  we  were  willing  to  waive  the  benefit  which  might  be 
derived  from  the  success  of  this  application,  it  would  furnish  no  just  ground 
of  hostility  to  the  claim  in  general ;  and  indeed  in  such  case  it  would  entire 
ly  correspond  witn  the  dictates  of  magnanimity,  to  advocate  it  with  all  our 
might  and  influence.  This  state,  on  the  basis  of  appropriation  originally 
adopted,  would  be  entitled  to  800,000  acres  for  our  common  schools,  and 
160,000  for  our  colleges  and  academies  ;  which,  with  proper  management, 
and  in  connection  with  existing  funds,  would  answer  all  the  requisitions  of 
education." 

By  the  annual  report  of  the  acting  Superintendent  of  Common  Schools 
(JOHN  VAN  NKSS  YATES,  Esq.,  Secretary  of  State)  it  appears  that  the  total 
number  of  school  districts  in  the  state  was  6,865,  from  5,882  of  which  reports 
in  accordance  with  law  had  been  received  ;  that  the  total  number  of  child 
ren  between  the  ages  of  five  and  sixteen  years  residing  in  the  several  dis 
tricts,  was  380,000  ;  and  the  total  number  of  children  of  all  ages  taught  in 
the  common  schools  during  the  year  reported,  was  342,479  ;  and  that  the 
average  number  of  months  during  which  the  schools  were  kept  open  in  the 
several  districts  was  eight.  Several  amendments  in  the  details  of  the  sys 
tem  were  suggested,  most  of  which  were  adopted  by  the  legislature ;  in 
cluding,  for  the  first  time,  the  provision  investing  the  Superintendent  with 
appellate  jurisdiction  over  all  controversies  arising  under  the  school  laws, 
and  declaring  his  decision  thereon  final.  In  pursuance  of  a  provision  con 
tained  in  this  act,  the  act  of  1819,  with  all  the  subsequent  amendments, 
was  republished  by  the  Srnerintendent.  accompanied  by  an  exposition  of 
its  various  provisions,  and  an  abstract  of  the  decisions  which  had  been  pro 
nounced,  during  the  period  which  had  elapsed  since  the  adoption  of  the  ap 
pellate  system. 

On  the  3d  of  February,  1823,  Mr.  Yates  transmitted  to  the  legislature 
his  second  annual  report  as  Superintendent  of  Common  Schools  ;  from 
which  it  appeared  that  returns  had  been  received  during  the  preceding 
year  from  all  the  counties  in  the  State,  fifty -two  in  number,  comprising  649 
towns  and  wards  ;  that  the  whole  number  of  school  districts  in  the  state 
exceeded  8,000  ;  from  6,255  of  which,  only,  reports  in  accordance  with  law 
had  been  received,  in  which  the  number  of  children  between  the  ages  of 
five  and  fifteen  was  about  357,000  ;  that  for  the  term  of  eight  months  dur 
ing  the  year  reported,  351,173  children  were  receiving  a  common  school 
education  in  the  several  districts  from  which  reports  had  been  received — 
being  18,194  more  than  were  educated  the  preceding  year.  The  Superintend 
ent  adds  :  "  Even  in  Connecticut,  which  possesses  a  larger  school  fund  th&a 
we  do,  and  where  the  school  system  was  established  and  in  successful  op 
eration  long  before  it  was  here  introduced,  the  number  of  children  educated 
in  common  schools  is  far  less  in  proportion  to  its  population  than  it  is  in 
this  state."  He  *omplaiuB  of  the  4iwant  of  uniformity  in  the  course  of 
studies  pursued,  and  the  books  and  treatises  now  used  in  common  schools, 
A  gr£at  diversity  of  opinion  has  long  existed  and  still  continues  to  exist  as 
to  the  proper  books  to  be  introduced  into  these  schools ;  and  teachers 
and  parents  are  not  unfrequently  at  a  loss  to  select  among  the  great  variety 
of  treatises  on  education  recommended  by  their  authors,  the  most  suitable 
and  best  adapted  for  the  use  of  the  student.  Whether  this  evil  could  b« 
remedied  by  directing  some  judicious  and  appropriate  work  to  be  prepared 
in  the  nature  of  a  '  Common  School  Instructor,'  and  to  be  recommended  to 
the  public  under  the  immediate  sanction  and  approbation  of  the  legislature, 
is  respectfully  submitted." 

The  annual  appropriation  from  the  funds  of  the  state,  at  this  period,  four 
the  benefit  of  common  schools,  was  fixed  by  the  act  of  1819,  at  $80,000. — 
These  funds  consisted  of  the  loan  of  1792,  then  amounting  to  $600,000  ;  of 
that  of  1808,  amounting  to  $449,000  ;  of  stock  in  the  Merchant's  Bank  of 


2J 

the  city  of  New  York,  the  par  value  of  which  amounted  to  $180,000,  and 
on  which  annual  dividends  of  nine  per  cent,  were  regularly  made ;  of  one 
half  the  quit-rents,  estimated  at  $100,000  ;  and  the  fees  of  the  supreme 
court,  then  producing  an  annual  income  of  about  $7,000.  The  revenues 
arising  from  these  several  sources  were  estimated  at  $80,000  per  annum  at 
least.  But  in  consequence  of  a  reduction  of  the  fees  of  the  supreme  court, 
and  a  diversion  of  those  fees  from  the  school  fund — together  with  a  commu 
tation  for  quit-rents,  and  a  temporary  suspension  of  dividends  by  the  Mer 
chant's  Bank,  growing  out  of  frauds  to  a  large  amount  which  had  been 
practised  on  that  institution — an  annual  deficiency,  varying  from  $13,000 
to  $7,000,  had  occurred  during  the  preceding  four  years,  which  the  legisla 
ture,  considering  the  faith  of  the  State  pledged  to  keep  up  the  appropria 
tion  directed  by  the  act  of  1819,  had  supplied  by  special  grants  from  the 
general  funds.  A  continuance  of  this  deficiency  being  probable,  the  gov 
ernor  (JOSEPH  C.  YATES)  had  recommended,  in  his  annual  message  at  the 
commencement  of  the  session  of  1823,  "t  he  sale  of  the  whole  or  a  part  of 
the  public  lands  appropriated  to  the  school  fund,  for  the  purpose  of  raising 
a  productive  capital,  yielding  an  interest  sufficient  to  make  good  the  annual 
deficiency  in  the  school  revenue." 

On  the  7th  of  January,  1824,  the  acting  Superintendent,  Mr.  YATES, 
transmitted  his  third  annual  report  to  the  legislature,  from  which  the  fol 
lowing  results  were  shown : 

1.  That  all  the  counties,   fifty-four  in  number,   and   all  the  towns  and 
wards,  being  684  in  number,  had,  with  the  exception  of  twenty-seven  towns 
presented  their  reports  for  the  preceding  year. 

2.  That  there  were  in  the   state  7,382   school   districts,   from  6,705  of 
which  reports  had  been  received  in  accordance  with  law  : 

3.  That  331  new  school  districts  had  been  organized  during  the  year. 

4.  That  upwards  of  377,000  children  had  been  instructed  in  the  districts 
from  which  reports  had  been  received,  for  an  average  period  of  eight  months 
during  the  preceding  year  ;  and  23,500  more  were   estimated  to  have  been 
under  instruction  during  the  same  period  in  the  non-reporting  districts,  ma 
king  a  grand  total  of  upwards  of  400,500   children   thus  under  instruction 
in  all  the  common  schools  of  the  state,  exceeding  by  nearly  26,000  the  num 
ber  under  instruction  during  the  preceding  year  : 

5.  That  the  whole  number  of  children   between  the  ages  of  five  and  fif 
teen  years,  residing  in  the  several  districts  from  which  reports  were  receiv 
ed,  was  about  373,000 : 

'  6.  That  the  sum  of  $182,802.25  of  public  money  had  been  expended 
during  the  year  reported,  in  the  payment  of  the  wages  of  duly  qualified 
teachers  ;  and  it  was  estimated  by  the  Superintendent  that  in  addition  to 
this  amount  more  than  $850,000,  from  the  private  fnnds  of  individuals, 
were  appropriated  in  like  manner  during  the  same  period  ;  making  a  grand 
total  of  upwards  of  ONE  MILLION"  of  dollars.  "  These  facts,"  observes  the 
Superintendent,  "require  no  comment.  They  demonstrate  the  signal  suc 
cess  which  has  attended  the  exertions  made  from  time  to  time  by  the  leg 
islature  to  disseminate  useful  knowledge  among  every  class  of  the  commu 
nity  ;  and  it  must  also  be  gratifying  to  perceive  that  our  sister  states,  ani 
mated  with  a  like  zeal  for  ameliorating  the  condition  of  society,  are  intro 
ducing  and  supporting  among  them  institutions  similar  to  our  own." 
Among  other  recommendations  and  suggestions,  the  Superintendent  recom 
mends  the  establishment  of  schools  in  cities  and  villages  exclusively  for 
the  benefit  of  colored  children.  He  also  suggests  the  consolidation  and  re 
vision  of  the  several  acts  relating  to  common  schools,  and  concludes  as 
follows  : 

"  The  funds  provided  and  secured  by  the  Constitution  for  the  silpport  of 
common  schools  have  become  only  in  part  productive,  as  will  be  seen  from 
the  operations  of  the  treasury  department  for  the  past  year.  By  far  the  lar 
gest  portion  of  those  funds  is  still  inactive,  and  must  continue  so,  until  ad- 
Tantageous  sales  can  be  made  of  nearly  a  million  of  acres  of  land,  appropria- 


kifr  ,060,0  £  I  .-<  v  ',  t-'-juj'. i* :/,  4&iiiw  1<  suLifijtc   siAJ  '-Hvi 

ted  to  the  use  of  common  schools.  It  is  not  extravagant  to  predict  that 
when  that  period  shall  arrive,  the  anticipations  of  the  patriot  and  philan 
thropist  with  regard  to  the  still  more  extensive  operation  of  our  school  sys 
tem,  and  its  favorable  effects  upon  the  condition  of  society,  will  be  fully  re 
alized.  Indeed,  what  has  education  not  already  effected  !  It  has  given 
man  dominion,  not  only  over  the  elements,  but  it  has  enlarged  his  capacity 
and  faculties  beyond  the  sphere  in  which  he  moves.  It  has  shown  him  that 
intellectual  wealth  is  national  wealth,  and  that  it  lies  at  the  foundation  of 
all  that  in  useful  in  the  arts  ;  that  its  influence  extends  to  the  narrower  path 
of  private  virtue  and  daily  duty  ;  and  that  while  it  strengthens  the  tie  be 
tween  parent  and  child,  husband  and  wife,  citizen  and  citizen,  it  secures 
from  the  rude  and  withering  hand  of  oppression,  and  from  the  iron  grasp  of 
despotism,  those  valuable  institutions  of  government,  which  it  is  no  less  the 
pride  than  it  is  the  duty  of  freemen  to  maintain  pure  and  inviolate.  Com 
mon  schools,  supported  by  law  and  open  alike  to  the  poor  and  to  the  rich, 
(as  they  emphatically  are  in  this  State,)  together  with  the  higher  semina 
ries  of  learning,  are  those  monuments  which  render  the  glory  of  a  nation 
imperishable  ;  and  while  this  state  is  engaged  in  the  great  works  of  canals 
and  other  internal  improvements,  she  shows  the  boundless  extent  of  her  re 
sources  and  the  energies  of  her  character,  by.  supporting  at  the  same  time, 
upon  a  basis  equally  broad  and  enduring,  a  plan  of  education  unequalled 
in  its  operations  and  effect,  by  that  of  any  other  country  in  the  civilized 
world." 

^  On  the  12th  of  January,  1825,  Mr.  Yates  transmitted  to  the  legislature 
his  fourth  annual  report,  from  which  it  appeared  that  the  number  of  child 
ren  taught,  for  an  average  period  of  nine  months,  in  the  common  schools  du 
ring  the  preceding  year,  was  402,940  ;  being  nearly  26,000  more,  than  the 
number  taught  in  1823.  The  number  of  school  districts  was  7,642  from 
6,936  of  which  reports  had  been  received.  The  aggregate  amount  of  public 
money  received  and  expended  in  the  payment  of  teacher's  wages  in  the  re 
porting  districts,  during  the  year,  was  .$182,741.61. 

In  August  of  the  preceding  year,  the  Superintendent  had  issued  a  circu 
lar  recommending  school  celebrations  in  the  several  towns  of  the  state,  from 
which  the  following  are  extracts  :  "The  object  in  view  is  extremely  im 
portant,  for  it  is  addressed  as  well  to  the  affections  of  the  parent  as  the 
feelings  and  interests  of  the  citizen.  The  happiness  of  society  and  the  free 
dom  of  our  country  mainly  depend  upon  the  general  diffusion  of  knowledge, 
and  it  is  our  duty  to  devise  the  best  means  for  attaining  and  securing  that 
very  desirable  end.  In  a  few  years,  the  children  that  now  sit  upon  our 
knees,  or  play  around  the  room,  will  fill  our  places  and  become  the  future 
legislators,  magistrates  and  judges  of  our  country,  while  we  are  silently 
descending  to  the  tomb.  How  consoling  then  the  reflection  will  be,  that 
those  objects  of  our  affection  are  about  to  realize  our  fondest  hopes  and  do 
honor  to  our  memories  ?  Even  now,  when  we  hear  recounted  the  sage  de 
liberations  of  the  statesman,  or  the  gallant  achievements  of  the  warrior,  or 
the  brilliant  and  still  more  useful  attainments  of  the  scholar,  or  the  sacred 
and  impressive  eloquence  of  the  divine,  or  the  profound  arguments  of  the 
lawyer,  or  the  useful  inventions  and  experiments  of  the  philosopher,  farmer 
and  mechanic,  do  not  our  bosoms  burn  with  admiration,  and  do  not  the 
eyes  and  hearts  of  each  of  us  exclaim,  '  Would  that  he  were  my  son  ?  ' 

"  If  then,  these  are  the  delightful  emotions  excited  in  us  from  the  mere  re 
lation  of  the  grand  effects  which  knowledge  and  virtue  produce,  can  we  re 
fuse  yielding  our  best  exertions  to  realize  them  in  the  persons  of  our  child 
ren  ?  The  means,  under  Providence,  are  fully  within  our  power,  and  pain 
ful  will  be  our  reflections,  if  AVC  neglect  them. 

"  The  plan  suggested  for  the  improvement  of  our  common  schools,  by  in 
stituting  celebrations,  promises,  I  am  convinced,  far  more  beneficial  and  im 
portant  consequences  than  any  other  hitherto  devised.  The  experiment  is 
neither  doubtful  nor  difficult  ;  and  its  benefits  are  certain,  and  their  extent 
beyond  calculation.  Indeed  when,  we  see  the  flourishing  condition  of 


23 

oxur  colleges  and  academies,  and  know  that  much  is  attributable  to  their 
public  anniversaries,  and  commencements,  why  should  we  hesitate  to  be 
lieve  that  the  same  means  when  used  in  support  of  our  common  schools, 
will  produce  the  same  end  ?  And  why,  permit  me  to  ask,  should  not  our 
common  schools  be  placed  on  a  footing  as  respectable  as  any  other  semina- 
ri«e  of  learning  ?  Are  they  not  as  useful  ?  and  is  not  their  influence  more 
generally  felt  and  acknowledged  ?  When  we  consider  also  the  high  charac 
ter  which  our  common  schools  have  so  deservedly  maintained — whenwe  find 
other  states  and  countries  imitating  their  example  and  quoting  their  success, 
should  we  not  feel  the  strongest  desire  to  render  them  still  more  worthy  of 
thje  distinction,  and  still  more  useful  to  ourselves  and  to  posterity  ?  " 
Administration  of  A.  C.  FLAGG — 1826  to  1838. 

In  his  message  to  the  legislature,  at  the  opening  of  the  session  of  1826,  the 
Governor  (De  Witt  Clinton)  thus  adverts  to  the  subject  of  education  :  # 

"  The  first  duty  of  government,  and  the  surest  evidence  of  good  govern 
ment,  is  the  encouragement  of  education.  A  general  diffusion  of  knowledge 
is  the  precursor  and  protector  of  republican  institutions  ;  and  in  it  we  must 
confide  as  the  conservative  power  that  will  watch  over  our  liberties,  and 
guard  them  against  fraud,  intrigue,  corruption  and  violence.  In  early  infan 
cy,  education  may  be  usefully  administered.  In  some  parts  of  Great  Britain, 
infant  schools  have  been  successfully  established  comprising  children  from 
two  to  six  years  of  age,  whose  tempers,  hearts  and  minds  are  ameliorated, 
and  whose  indigent  parents  are  enabled  by  these  means  to  devote  themselves 
to  labor,  without  interruption  or  uneasiness,  Institutions  of  this  kind  are 
only  adapted  to  a  dense  population,  and  must  be  left  to  the  guardianship  of 
private  benevolence.  Our  common  schools  embrace  children  from  five  to 
fifteen  years  old  and  continue  to  increase  and  prosper.  The  appropriation 
for  the  school  fund  for  the  last  year,  amounted  to  $80,670,  and  an  equivalent 
sum  is  also  raised  by  taxation  in  the  several  counties  and  towns,  and  is  ap 
plied  in  the  same  way.  The  capital  fund  is  $1,333,000,  which  will  be  in  a 
state  of  rapid  augmentation  from  sales  of  the  public  lands  and  other  sour 
ces  ;  and  it  is  well  ascertained  that  more  than  420,000  children  have  been 
taught  in  our  common  schools  during  the  last  year.  The  sum  distributed"  by 
the  state  is  now  too  small,  and  the  general  fund  can  well  warrant  an  aug 
mentation  to  $120,000  annually. 

"Our  system  of  instruction,  with  all  its  numerous  benefits,  is  still,  how 
ever,  susceptible  of  improvement.  Ten  years  of  the  life  of  a  child  may 
now  be  spent  in  a  common  school.  In  two  years  the  elements  of  instruc 
tion  may  be  acquired,  and  the  remaining  eight  years  must  either  be  spent 
in  repetition  or  in  idleness,  unless  the  teachers  of  common  schools  are  com 
petent  to  instruct  in  the  higher  branches  of  knowledge.  The  outlines  of 
geography,  algebra,  mineralogy,  agricultural  chemistry,  mechanical  philoso 
phy,  surveying,  geometry,  astronomy,  political  economy  and  ethics,  might 
be  communicated  in  that  period  of  time  by  able  preceptors,  without  es 
sential  interference  with  the  calls  of  domestic  industry.  The  vocation  of  a 
teacher,  in  its  influence  on  the  character  and  destinies  of  the  rising  and  all 
future  generations,  has  either  not  been  fully  understood  or  duly  estimated. 
It  is,  or  ought  to  be,  ranked  among  the  learned  professions.  With  a  full 
admission  of  the  merits  of  several  who  now  officiate  in  that  capacity,  still 
it  must  be  conceded  that  the  information  of  many  of  the  instructors  of  our 
common  schools  does  not  extend  beyond  rudimental  education  ;  that  our 
expanding  population  requires  constant  accessions  to  their  numbers  ;  and 
tha.t  to  realize  these  views,  it  is  necessary  that  some  new  plan  for  obtaining 
able  teachers  should  be  devised.  I  therefore  recommend  a  seminary  for 
the  education  of  teachers,  in  the  monitorial  system  of  instruction,  and  in  those 
useful  branches  of  knowledge  which  are  proper  to  engraft  on  elementary 
attainments.  A  compliance  with  this  recommendation  will  have  the  most 
benign  influence  on  individual  happiness  and  social  prosperity.  To  break 
down  the  barriers  which  poverty  has  erected  against  the  acquisition  and 
dispensation  of  knowledge,  is  to  restore  the  ju«t  equilibir.m  of  society,  aud 


24 

to  perform  a  duty  of  indispensable  and  paramount  obligations  ;  and  under 
this  impression  I  also  recommend  that  provision  be  made  for  the  gratuitous 
education,  in  our  superior  seminaries,  of  indigent,  talented,  and  meritorious 
youth. 

"  I  consider  tho  system  of  our  common  schools  as  the  palladium  of  our 
freedom  ;  for  no  reasonable  apprehension  can  be  entertained  of  its  subrer- 
sion,  as  long  as  the  great  body  of  the  people  are  enlightened  by  education. 
To  increase  the  funds,  to  extend  the  benefits,  and  to  remedy  the  defects 
of  this  excellent  system,  is  worthy  of  your  most  deliberate  attention.  The 
officer  who  now  so  ably  presides  over  that  department  is  prevented  by  his 
other  official  duties  from  visiting  our  schools  in  person,  nor  is  he  indeed 
clothed  with  this  power.  A  visitorial  authority  for  the  purpose  of  detect 
ing  abuses  in  the  application  of  the  funds,  of  examining  into  the  modes  and 
plans  of  instruction,  and  of  suggesting  improvements,  would  unquestionably 
be  attended  with  the  most  propitious  effects." 

It  will  be  perceived  that  the  governor  here  shadows  forth  two  of  the 
greatest  features  of  public  instruction  subsequently  engrafted  upon  our 
system ;  the  establishment  of  institutions  for  the  education  of  teachers ; 
and  the  appointment  of  visitors. 

S&On  the  4th  of  February  subsequently,  Mr.  JOHN  C.  SPENCER,  from  the 
literature  committee  of  the  senate,  to  which  this  portion  of  the  message  of 
the  governor  had  been  referred,  made  an  able  report,  in  the  course  of  which 
he  distinctly  suggests  the  expediency  and  practicability  of  a  plan  of  coun 
ty  supervision,  without  however,  going  into  any  specific  details.  Thus  it 
will  be  perceived,  that  as  early  as  1826,  several  of  the  prominent  features  of 
the  admirable  system  which  has  since  prevailed,  were  brought  to  the  notice 
and  attention  of  the  legislature,  by  two  of  our  most  distinguished  and  eminent 
statesmen  ;  one  of  whom,  (Mr.  Spencer)  fifteen  years  afterwards,  aided  in 
carrying  into  practical  and  successful  operation,  the  very  plan  in  substance, 
which  he  had  suggested  at  this  early  period.  In  the  mean  time,  however, 
a  similar  suggestion  had  been  earnestly  and  urgently  pressed  upon  the  pub 
lic  consideration  by  another  distinguished  friend  of  the  common  school  sys 
tem — the  Hon.  JABEZ  D.  HAMMOND;  who  in  1837  published  a  series  of 
numbers  in  the  Cherry -Valley  Gazette,  from  whence  they  were  transferred 
to  other  periodicals,  showing  as  well  the  practicability  as  the  expediency  of 
the  adoption  of  the  system  of  county  supervision  and  inspection,  and  urg 
ing  the  abolition  of  the  office  of  town  inspector.  Judge  Hammond's  plan 
was  the  appointment  by  the  governor  and  senate,  or  by  the  State  Superin 
tendent,  of  a  County  Inspector  of  Common  Schools,  in  each  county,  with 
power  to  license  teachers  and  visit  schools,  and  who  should  be  required  to 
report  periodically  to  the  Superintendent.  This  was,  in  substance,  the  plan 
afterwards  recommended  to  the  legislature  by  Mr.  Spencer. 

The  following  extracts  from  the  report  of  Mr.  Spencer  in  1826,  to  which 
allusion  has  above  been  made,  will  be  found  interesting : 

"  The  committee  concur  entirely  in  the  sentiments  expressed  by  the  gov 
ernor  in  relation  to  the  importance  of  the  vocation  of  a  teacher,  and  to  the 
propriety  of  occupying  the  time  of  the  young  in  the  higher  branches  of 
knowledge.  The  progress  of  improvement  in  the  great  business  of  educa 
tion,  must  necessarily  be  slow  and  gradual.  Our  common  school  system  is 
itself  but  of  recent  origin  ;  and  during  the  few  years  in  which  it  has  been 
in  operation,  incalculable  good  has  been  effected,  particularly  in  causing  the 
establishment  of  schools  where  none  existed  before,  and  where  none  would 
have  existed  but  for  its  provisions.  We  cannot  expect  to  make  it  at 
once  perfect,  but  must  content  ourselves  with  remedies  for  the  most  obvious 
and  important  defects  as  they  arc  discovered.  From  the  observation  of 
the  committee,  and  from  the  best  im  formation  they  can  obtain,  they  are 
persuaded  that  the  greatest  evils  now  existing  in  the  system  are  the  want 
of  competent  teachers,  and  the  indisposition  of  the  trustees  of  districts  to 
incur  the  expense  of  employing  those  who  are  competent,  when  they  can 
be  obtained.  It  is  a  lamentable  fact  that  from  a  mistaken  economy,  the 


25 

cheapest  teachers,   whether   male  or  female,  and  generally  the  latter,  are 
employed  in  many  districts  for  three-fourths  of  the  year,  and  a  oompeteat 
instructor  is  provided  for  only   one-quarter,  and  sometimes  not  at  aft,   du 
ring  the  year.    The  state  is  thus  made  to  contribute  almost  wholly  to  the 
support  of  teachers.    This  is  a  perversion   of  the   public  bounty  ;  and  its 
effect  on  the  children,  who  ought  to  be  provided  with  the  means  of  instruc 
tion  during  the  whole  year,  is  most   disastrous  :  for  those  above  five  or   six 
years  old  are  thus  excluded  from  school  three-fourths  of  their  time,  which 
must  be  spent  in  mental  idleness,  and  thus  the  most  precious  time  for  edu 
cation  is  utterly  thrown  away.     The  present  arrangement  of  the   authority 
to  license  and   employ  teachers,   contributes  to  this   result.     Teachers   are 
licensed  by  town  inspectors,  themselves  generally  and  necessarily  incom 
petent  to  determine  upon  the  qualifications  of  candidates,  and   willing  to 
sanction  such  as  the  trustees  feel   able  or  disposed  to   employ.     This  is  es 
sentially  wrong ;  and  the  state,  which  contributes  so  large  a  portion  of  the 
compensation  of  the  teacher,  has  a  right  to  direct  its  application   in  such  a 
way  as  to  effect  the  object   of  procuring  useful  instruction.    The  remedy 
must  be  found  in  the  organization  of  some  local  board,  vested  with  the  au 
thority  of  licensing  teachers  and  of  revoking  the  license,  and  charged  with 
a  general  superintendence  of  the  schools  within  the  prescribed  limits.     The 
division  of  the  state  into  counties  affords  a  convenient  distribution   of  ter 
ritory  for  these   purposes.     And  if  it  be  made  a  condition  of  receiving  the 
public  donation,  that  teachers  thus   authorized  shall  have  been   employed 
for  a  portion  of  the  year,  it  is  believed  that  the  sure  and  inevitable   conse 
quence  would  be  the  employment  of  instructors  much  more  competent  than 
the  average  of  the  present  teachers.     In  those   counties  where  the  popula 
tion  is  small  and  scattered,  the  standard  of  competency  will  necessarily  be 
low  ;  but  it  will  advance  with  the  means  of  the  districts  and  with  the  pros 
perity  and   intelligence  of  the  counties.     In   other   counties,  where   candi 
dates  were  more  numerous,  the  qualifications,  would  be  higher.     The  teach 
ers  would  become  emphatically  a  profession  ;  men  would  devote  themselves 
to  it  as  the  means  of  livelihood,  and  would  prepare  themselves  accordingly. 
Their  character  would  advance,  and  with  it  their  usefulness  and  the  respect 
of  their  fellow-citizens.     Such  is  an  outline  of  the  first  efforts,  which,  in  the 
opinion  of  the  committee,  should  be  made  to  obtain  able  teachers. 

"The  next  object  is  to  provide  the  means  of  qualifying  the  necessary 
number  of  teachers.  By  the  report  of  the  Superintendent  of  Common 
schools  made  iii  January,  1825,  it.  appears  there  were  then  in  this  state 
7,642  school  districts.  That,  then,  is  the  number  of  teachers  now  required ; 
the  best  evidence  that  can  be  adduced  to  show  that  there  must  always  be  a 
sufficient  demand  for  those  who  are  qualified.  It  is  obvious  that  the  sug 
gestion  of  the  governor,  in  his  message  respecting  the  establishment  of  an 
institution  especially  for  the  purpose  of  educating  teachers,  will  not  answer 
the  exigencies  of  the  case.  It  is  entitled  to  much  weight,  however,  as  a 
means,  in  conjunction  with  others,  to  effect  the  object.  But  in  the  view 
which  the  committee  have  taken,  our  great  reliance  for  nurseries  of  teach 
ers  must  be  placed  on  our  colleges  and  academics.  If  they  do  not  answer 
this  purpose  they  can  be  of  very  little  use.  That  they  have  not  hitherto 
been  more  extensively  useful  in  that  respect,  is  owing  to  inherent  defect? 
in  the  system  of  studio*  pursued  there.  When  the  heads  of  our  colleges 
are  apprised  of  the  great  want  of  teachers  which  it  is  so  completely  in  their 
power  to  relieve,if  not  supply  it,  is  but  reasonable  to  expect  that  they  will 
adopt  a  system  by  which  young  men  whose  pursuits  do  not  require  a  know 
ledge  of  classics,  may  avail  themselves  of  the  talent  and  instruction  in  those 
institutions  suited  to  their  wants,  without  being  compelled  al»o  to  receive 
that  which  they  do  not  want,  and  for  which  they  have  neither  time  nor 
money. 

"  Our  academies  also  have  failed  to  supply  the  want  of  teachers,  to  the 
-  extent  which  was  witb.iu  their  power  ;  although  it  is  acknowledged  that  in 


this  respect  they  have  been  eminently  useful.  But  instead  of  being  incited 
to  such  efforts,  they  are  rather  restrained  by  the  regulations  adopted  by  the 
Begents  of  the  University  for  the  distribution  of  the  literary  fund  placed 
at  their  disposal.  The  income  of  that  fund  is  divided  among  the  academies 
in  proportion  to  the  number  of  classical  students  in  each,  without  reference 
to  those  who  are  pursuing  the  highest  and  most  useful  branches  of  an  Eng 
lish  course.  With  such  encouragement,  how  could  it  be  expected  of  trus 
tees  of  academies  that  they  should  prefer  a  pupil  disposed  to  study  the  El 
ements  of  Euclid,  surveying,  or  Belles-lettres,  to  a  boy  who  would  commit 
the  Latin  grammar,  while  the  latter  would  entitle  them  to  a  bounty  which 
was  refused  to  the  former  ?  The  committee  are  not  disposed  to  censure  the 
Regents  ;  they  have  merely  followed  the  fashion  of  the  times  ;  and  it  is 
believed  that  they  are  themselves  alive  to  the  importance  of  extending  the 
usefulness  of  the  institutions  under  their  care,  by  adapting  them  more  to 
the  wants  of  the  country  and  the  spirit  of  the  age.  But  if  they  should  not 
be  willing  to  extend  the  benefits  of  the  fund  under  their  control  beyond 
classical  students,  still  it  will  be  in  the  power  of  the  legislature,  and  within 
the  means  of  the  state,  to  appropriate  a  capital  sum  that  will  yield  a  suffi 
cient  income  to  compensate  for  this  inequality,  and  to  place  the  English 
student  on  the  same  footing  with  the  others,  and  thus  make  it  the  interest 
of  the  academies  to  instruct  them.  And  if  this  bounty  be  distributed  in 
reference  to  the  number  of  persons  instructed  at  an  academy  who  shall 
have  been  licensed  as  teachers  of  common  schools  by  the  proper 
board,  it  is  believed  the  object  of  obtaining  able  instructors  will  soon  b« 
accomplished. 

"  The  committee  have  not  been  able  to  discover  why,  upon  every  princi 
ple  of  justice  and  of  public  policy,  seminaries  for  the  education  of  females 
in  the  higher  branches  of  knowledge  should  not  participate  equally  with 
those  for  the  instruction  of  males,  in  the  public  bounty. 

"In  connection  with  these,  the  committee  admit  that  the  establishment  of 
a  separate  institution  for  the  sole  purpose  of  preparing  teachers,  would  be  a 
most  valuable  auxiliary,  especially  if  they  were  to  be  prepared  to  teach  on 
the  monitorial  plan.  They  hesitate  to  recommend  its  adoption  now,  chiefly 
because  the  other  measures  which  they  intend  to  submit,  and  which  they 
conceive  to  be  more  immediately  necessary,  will  involve  as  much  expense 
as  ought  now  to  be  incurred.  But  they  fondly  anticipate  the  time  when 
the  means  of  the  state  will  be  commensurate  with  the  public  spirit  of  its 
legislature,  and  when  such  an  institution  will  be  founded  on  a  scale  equal 
to  our  wants  and  our  resources." 

The  committee,  after  adverting  to  the  embarrassments  caused  by  the  pre 
valent  diversity  of  text  books  in  the  several  schools  of  the  state,  recommend 
an  appropriation  for  "the  printing  of  large  editions  of  such  elementary 
works  as  the  spelling  book,  an  English  dictionary,  a  grammar,  a  system  of 
arithmetic,  American  history  and  biogrophy,  to  be  used  in  schools,  and  to 
be  distributed  gratuitously,  or  sold  at  cost."  "There  can  be  no  doubt," 
says  the  committee,  "that  a  selection  of  such  works  as  have  been  enumera 
ted  could  be  made  by  a  competent  board,  excluding  all  sectarian  views  and 
tenets,  as  would  be  entirely  satisfactory  to  the  citizens  of  this  state." 

On  the  14th  of  February,  1826,  AZABIAH  C.  FLAGG,  of  the  county  of 
Clinton,  was  appointed  secretary  of  state ;  and  the  administration  of  the 
common  school  system  consequently  devolved  upon  him.  The  interests  of 
public  instruction  had  been  ably  and  faithfully  guarded  by  Mr.  YATES,  who 
seems  to  have  united  to  eminent  talents  as  an  executive  and  administrative 
officer,  a  lively  zeal  for  the  promotion  of  education  and  the  diffusion  of 
knowledge  among  the  great  body  of  the  people.  His  various  reports 
exhibit  an  accurate  practical  knowledge  of  the  working  of  the  com 
mon  school  system,  in  all  its  departments  ;  his  decisions  on  the  numerous 
appeals  which  were  from  time  to  time  brought  before  him,  were  character 
ized  by  a  sound  discrimination  ;  and  his  efforts  for  the  improvement  and 
advancement  of  the  schools  were  earnest  and  indefatigable. 


27 

The  first  annual  report  of  Mr.  Flagg  as  Superintendent  of  Common 
Schools  was  transmitted  to  the  legislature  on  the  13th  of  March,  1826,  from 
which  it  appeared  that  425,350  children  had  been  taught  in  the  common 
schools  during  the  year  ;  being  22,410  more  than  were  taught  the  preceding 
year,  and  exceeding  by  29,764  the  number  between  the  ages  of  five  and  fif 
teen  residing  in  the  state.  The  whole  number  of  organized  school  districts 
in  the  state  was  7,773.  The  Superintendent  alludes  to  the  necessity  of 
"some  provision  which  should  have  a  tendency  to  increase  the  number  of 
qualified  instructors,"  and  adds  : 

"  It  might  be  beneficial  to  offer  facilities  for  the  special  education  of  com 
mon  school  teachers  ;  and  as  the  districts  progress  in  wealth,  and  the  dona 
tion  of  the  state  is  increased,  inducements  will  be  furnished  for  a  greater 
number  of  persons  of  competent  talents,  to  engage  in  the  business  of  teach 
ing,  as  a  profession." 

At  the  opening  of  the  session  of  1827,  Gov..  CLINTON  thus  eloquently  al 
luded  to  the  subject  of  popular  education  : 

"The  great  bulwark  of  republican   government   is  the  cultivation  of  edu 
cation  ;  for  the  right  of  suffrage  cannot   be  exercised  in  a  salutary  manner 
without  intelligence.     It  is  gratifying  to  find  that  education   continues  to 
flourish.     "We  may  safely   estimate   the   number  of  our  common  schools  at 
8,000  ;  the  number  of  children  taught  during  the  last  year,  on  an  average 
of  eight  months,  at  430,000  ;  and  the  sum  expended  in  education  at  200,000 
dollars.     It  is,  however,  too  palpable  that  our  system  is  surrounded  by  im 
perfections  which  demand  the  wise   consideration  and  improving  interposi 
tion  of  the  legislature.     In  the  first  place,  there  is  no  provision  made  for 
the  education  of  competent  instructors.     Of  the   eight   thousand  now  em 
ployed  in  this  state,  too  many  are  destitute  of  the   requisite  qualifications, 
and  perhaps  no  considerable  number  are  able  to  teach  beyond  rudimental 
instruction.     Ten  years  of  a  child's  life,  from   five   to  fifteen,  may  be  spent 
in  a  common  school ;  and  ought  this  immense  portion  of  time  to  be  absorb 
ed  in  learning  what  can  be  acquired  in  a  short  period  ?     Perhaps  one-fourth 
of  our  population  is  annually  instructed  in  our  common  schools  ;  and  ought 
the  minds  and  the^morals  of  the  rising,  and  perhaps  the    destinies  of  all  fu 
ture  generations,  to   be   entrusted   to  the  guardianship   of  incompetence  ? 
The  scale  of  instruction  must  be  elevated ;  the  standard  of  education  ought 
to  be  raised,  and  a  central  school  on  the  monitorial  plan  ought  to  be  estab 
lished  in  each  county  for  the   education  of  teachers,  and   as  exemplars  for 
other  momentous  purposes  connected  with  the  improvement  of  the  human 
mind.     *     *     *     *     Small  and  suitable  collections  of  books  and  maps,  at 
tached  to  our  common  schools,  and  periodical   examinations  to  test  the  pro 
ficiency  of  the  scholars  and  the  merits  of  the  teachers,  are  worthy  of  atten 
tion.     When  it  is  understood  that  objects  of  this   description  enter  into  the 
very    formation   of   our   characters,     control    our    destinies  through  life, 
protect  the  freedom  and  advance  the  glory  of  our  country,   and   when  it  ia 
considered  that  seminaries  for  general  education    are  either  not  provided  in 
the  old  world,  or  but  imperfectly  supplied  by  charity   and  Sunday  schools, 
and  that  this  is  the  appropriate  soil  of  liberty   and  education,  let  it  be  our 
pride,  as  it  is  our  duty,  to  spare  no  exertion   and  to  shrink  from  no  expense 
m  the  promotion  of  a  cause  consecrated  by  religion  and  enjoined  by  patriot 
ism  ;  nor  let  us  be  regardless  of  ample   encouragement   of  the  higher  insti 
tutions  devoted  to  literature  and  science.     Independently  of  their  intrinsic 
merits  and  their  diffusive  and  enduring  benefits,  in  reference  to  their  appro 
priate  objects,  they  have  in  a  special  manner,  a  most  auspicious  influence  on 
all  subordinate  institutions. 

"They  give  to  society  men  of  impi-oved  and  enlarged  minds,  who,  feeling 
the  importance  of  information  in  their  own  experience,  will  naturally  cher 
ish  an  ardent  desire  to  extend  its  blessings.  Science  delights  in  expansion, 
as  well  as  in  concentration  ;  and  after  having  flourished  within  the  precincts 
of  academies  and  universities,  will  spread  itself  over  the  land,  enlightening 
society  and  ameliorating  the  condition  of  man.  The  more  elevated  the  tree 


28 

of  knowledge,  and  the  more  expanded  its  branches,  the  greater  will  be  its 
trunk  and  the  deeper  its  root." 

On  the  21st  of  February,  MB.  SPENCER,  from  the  literature  committee  of 
the  senate,  to  which  had  been  referred  that  portion  of  the  message  of  the 
governor  relating  to  common  schools  and  the  providing  of  competent  teachers, 
brought  in  a  bill,  entitled,  "  An  act  to  provide  permanent  funds  for  the  annual 
appropriation  to  common  schools,  to  increase  the  literature  fund,  and  to  pro 
mote  the  education  of  teachers,"  which,  with  some  slight  amendments,  became 
a  law  on  the  13th  of  April  following.  This  bill  transferred  to  the  common 
school  fund  the  balance  due  on  the  loan  of  1786,  together  with  $100,000  of 
bank  stock  owned  by  the  state :  and  to  the  literature  fund,  from  the  canal 
fund,  the  sum  of  $150,000;  the  income  of  which,  together  with  that  of  the 
$95,000  formerly  belonging  to  the  fund,  was  required  to  be  annually  distrib 
uted  by  the  Regents  of  the  University  "  among  the  incorporated  academies 
and  seminaries  of  this  state,  other  than  colleges,  which  are  subject  to  the  vis 
itation  of  the  said  Regents,  &c.,  in  proportion  to  the  number  of  pupils  instruct 
ed  in  each  academy  or  seminary  for  six  months  during  the  preceding  year, 
who  shall  have  pursued  classical  studies,  or  the  higher  branches  of  English 
education,  or  both."  From  the  report  accompanying  the  bill  the  following 
extracts  are  taken,  with  the  view  of  showing  the  design  of  the  legislature  in 
thus  increasing  the  literature  fund. 

"  Another  object  of  still  greater  importance  is  the  furnishing  of  competent 
teachers  for  the  instruction  of  common  schools.  In  vain  will  you  have  estab 
lished  a  system  of  instruction,  in  vain  will  you  appropriate  money  to  educate 
the  children  of  the  poor,  if  you  do  not  provide  persons  competent  to  execute 
your  system,  and  to  teach  the  pupils  collected  in  the  schools.  The  message 
of  the  governor  and  the  report  of  the  Superintendent  concur  in  pressing  this 
subject  upon  our  attention  with  the  most  anxious  solicitude  ;  and  every  citizen 
who  has  paid  attention  to  it,  and  become  acquainted  practically  with  the 
situation  of  our  schools,  knows  that  the  incompetency  of  the  great  mass  of 
teachers  is  a  radical  defect,  which  impedes  the  whole  system,  frustrates  the 
benevolent  designs  of  the  legislature,  and  defeats  the  hopes  and  wishes  of  all 
who  feel  an  interest  in  disseminating  the  blessings  of  education.  There  are 
8,114  organized  school  districts  in  this  state ;  and  if  there  be  added  the  schools 
in  the  city  of  New-York,  in  Albany,  Troy  and  Hudson,  not  included  in  the 
returns,  and  the  private  schools  which  are  established  in  almost  every  county, 
we  shall  be  justified  in  estimating  the  number  of  teachers  required  to  carry 
on  the  business  of  instruction,  at  not  far  from  ten  thousand.  This  result  pla 
ces  in  a  strong  view  the  vast  importance  of  the  subject.  From  what  sources 
can  this  supply  of  teachers  be  obtained  ?  And  how  can  the  great  body  of 
this  multitude  be  rendered  competent  to  then*  stations  ?  In  a  free  govern 
ment  resting  upon  the  intelligence  of  its  citizens,  these  questions  are  of  vital 
importance. 

"  The  governor  has  recommended  the  establishment  of  central  schools  upon 
the  monitorial  plan  for  the  instruction  of  teachers.  From  the  best  considera 
tion  which  the  committee  have  been  able  to  bestow  upon  the  subject,  and 
from  all  the  information  which  they  can  collect,  a  doubt  is  entertained  whether 
the  monitorial  plan  is  adapted  to  small  schools  in  the  country,  or  to  the  higher 
branches  of  education.  The  means  of  instruction  in  the  ordinary  mode  must 
be  provided.  The  colleges  and  academies  ought  to  furnish  competent  instruct 
ors,  and  indeed  to  them  we  are  indebted,  but  chiefly  to  the  academies,  for  the 
qualified  instructors  now  employed.  While  academies  are  instituted,  and  by 
proper  encouragement  may  supply  our  wants,  the  committee  would  doubt  the 
policy  of  establishing  central  schools  in  their  vicinity,  which  would  necessarily 
divert  from  them  much  of  their  present  support."  After  referring  to  the 
location  of  the  several  academies  in  different  parts  of  the  state,  with  the  view 
of  showing  that  in  this  respect  they  were  capable  of  meeting  the  wants  of 
the  community,  and  that  but  few  portions  of  the  state  were  not  adequately 
supplied  with  these  institutions,  provided  they  were  suitably  encouraged,  the 
report  proceeds  to  recommend  a  different  standard  of  apportionment  than  the 


29 

.one  k»  operation,  and  an  increase  of  the  fund,  specifically  for  the  purpose  of 
encouraging  the  preparation  of  a  class  of  students,  who  might  serve  as  teach 
ers  of  the  common  schools.  "  The  income  derived  from  the  literature  fund, 
they  propose  in  the  bill  herewith  reported,  shall  be  distributed  among  the 
academies  in  proportion  to  the  number  of  students  pursuing  the  classical 
studies  and  the  higher  branches  of  an  English  education  ;  and  their  object  is 
to  promote  the  education  of  young  men  in  those  studies  which  will  prepare 
them  for  the  business  of  instruction,  which  it  is  hoped  may  be  accomplished 
to  some  extent,  by  offering  inducements  to  the  trustees  of  academies  to  educate 


pupils  of  that  description."  "  These  are  the  considerations  which  have  guided 
the  committee  in  preparing  the  bill  now  presented.  They  have  only  further 
to  say,  that  if  any  confidence  can  be  reposed  in  the  official  communications  of 
those  officers  of  the  government  whose  duty  it  is  to  give  the  legislature  infor 
mation  on  this  subject,  if  the  concurring  testimony  of  all  who  have  spoken  or 
written  concerning  it  can  be  relied  upon,  there  is  a  radical,  deep,  and  extensive 
defect  in  our  common  school  system,  which  deprives  it  of  much  of  its  value  ; 
and  that  defect  consists  in  the  want  of  competent  instructors.  From  six  to 
ten  years  of  the  most  valuable  portion  of  human  life — of  that  very  period 
when  instruction  is  most  easily  imparted  and  most  firmly  retained,  is  absolute 
ly  wasted  and  thrown  away.  Every  one  in  the  least  acquainted  with  the  sub 
ject  knows  that  a  boy,  under  proper  instruction,  can,  and  ought  to  know  as 
much  at  seven  or  eight  years  old,  as  he  acquires  under  the  present  system  at 
fourteen  or  sixteen.  Having  undertaken  a  system  of  public  instruction,  it  is 
the  solemn  duty  of  the  legislature  to  make  that  system  as  perfect  as  possible. 
We  have  no  right  to  trifle  with  the  funds  of  our  constituents  by  applying 
them  in  a  mode  which  fails  to  attain  the  intended  object.  Competent  teachers 
of  common  schools  must  be  provided  :  the  academies  of  the  state  furnish  the 
means  of  making  that  provision.  There  are  funds  which  may  be  safely  and 
properly  applied  to  that  object ;  and  if  there  were  none,  a  more  just,  patriotic, 
and  in  its  true  sense,  popular,  reason  for  taxation  cannot  be  urged.  Let  us  aid 
the  efforts  of  meritorious  citizens,  who  have  devoted  large  portions  of  then1  means 
to  the  rearing  of  academies ;  let  us  reward  them  by  giving  success  to  their 
efforts  ;  let  us  sustain  seminaries  that  are  falling  into  decay  ;  let  us  revive  the 
drooping  and  animate  the  prosperous  by  the  cheering  rays  of  public  benefi 
cence  ;  and  thus  let  us  provide  nurseries  for  the  education  of  our  children,  and 
for  the  instruction  of  teachers  who  will  expand,  and  widen,  and  deepen  the 
great  stream  of  education,  until  it  shall  reach  our  remotest  borders,  and  pre 
pare  our  posterity  for  the  maintenance  of  the  glory  and  prosperity  of  their 
country." 

From  the  annual  report  of  the  Superintendent  for  this  year,  it  appeared 
that  there  were  8,114  organized  school  districts  in  the  state— 341  new  dis 
tricts  having  been  formed  during  the  preceding  year  ;  that  returns  had  been 
received  from  7,544  of  these  districts,  in  which  481,601  children  had  been 
taught  during  the  year  reported,  being  an  increase  over  the  number  so 
taught  the  preceding  year,  of  13,864;  the  whole  number  of  children  resi 
ding  in  the  state,  between  the  ages  of  five  and  fifteen,  was  411,256. 

Speaking  in  reference  to  the  practical  operation  of  the  existing  system  of 
visitation  and  inspection  of  the  common  schools,  the  Superintendent  holds 
the  following  language  :  "  The  system  of  inspection  rnit^ht  be  improved,  by 
the  appointment  of  competent  persons  to  visit  the  schools  of  a  county,  or 
larger  district ;  to  investigate  the  mode  of  instruction,  the  qualifications  of 
teachers,  the  application  of  the  public  money,  and  to  inquire  into  all  the 
operations  of  the  school  system.  Such  inspectors  would  aid  the  schools  by 
their  advice,  and  add  to  the  stock  of  intelligence  on  the  subject  of  educa 
tion,  by  collecting  information  in  relation  to  the  condition  of  the  schools,  and 
the  manner  in  which  they  are  conducted  ;  arid  these  inspections  would  be 
the  means  of  more  effectually  ascertaining  what  the  common  schools  now 
effect,  aud  what  they  may  1x3  made  to  accomplish."  The  resulte  of  the  sub 
sequent  adoption  of  this  plan,  in  substance,  has  effectually  vindicated  the 
prescknce  of  the  Superintendent,  in  this  respect.  The  report  goes  on  to  re- 


30 

eommend,  first,  "  the  establishment  of  schools  in  the  several  counties  for  the 
education  of  teachers  ;  "  and  second,  "  the  gradual  introduction  of  the  sys 
tem  of  mutual  instruction."  The  improvement  of  the  system  of  female  edu 
cation  is  also  adverted  to,  as  well  aa  the  propriety  of  furnishing  the  schooU 
with  a  judicious  selection  of  text  books.  "  The  course  of  instruction  in  tho 
common  schools  ought  to  be  adapted  to  the  business  of  life,  and  to  the  actu 
al  duties  which  may  devolve  upon  the  person  instructed.  In  a  government 
where  every  citizen  has  a  voice  in  deciding  the  most  important  questioaa,  it 
is  not  only  necessary  that  every  person  should  be  able  to  read  and  yrite, 
but  that  he  should  be  well  instructed  in  the  rights,  privileges  and  dutiea  of 
a  citizen.  Instruction  should  be  co-extensive  with  universal  sum-age." 

The  sum  of  $100,000  was  this  year  apportioned  by  the  Superintendent 
among  the  several  school  districts,  in  pursuance  of  the  provisions  of  aa  act 
passed  the  preceding  year,  authorizing  the  annual  distribution  of  this  amount 
from  the  common  school  fund.  The  several  laws  relating  to  common  schools 
were  also  revised  by  the  legislature  and  republished,  with  the  necessary  ex 
positions  and  instructions  from  the  department. 

Gov.  Clinton,  in  his  message  at  the  opening  of  the  session  of  1828,  again 
adverts  to  the  subject  of  common  school  education,  in  the  following  temw  : 

"  That  part  of  the  revised  laws  relative  to  common  schools  is  operative 
on  this  day,  and  presents  the  system  in  an  intelligible  shape,  but  without 
those  improvements  which  are  requisite  to  raise  the  standard  of  instruction, 
to  enlarge  its  objects,  and  to  elevate  the  talents  and  qualifications  of  the 
teachers.  It  is  understood  that  Massachusetts  has  provided  for  these  im 
portant  cases  ;  but  whether  the  experiment  has,  as  yet,  been  attended  with 
promising  results,  is  not  distinctly  known.  It  may,  however,  be  taken  for 
granted,  that  the  education  of  the  body  of  the  people  can  never  attain  the 
requisite  perfection  without  competent  instructors,  well  acquainted  with 
the  outlines  of  literature  and  the  elements  of  science.  And  after  the  .scale 
of  education  is  elevated  in  common  schools,  more  exalted  improvement* 
ought  to  be  engrafted  into  academical  studies,  and  proceed  in  a  correspond 
ent  and  progressive  ascent  to  our  colleges. 

"  In  the  meantime  I  consider  it  my  duty  to  recommend  a  law  authorizing 
the  supervisors  of  each  county  to  raise  a  Bum,  not  exceeding  two  thousand 
dollars,  provided  the  same  sum  is  subscribed  by  individuals,  for  the  erec 
tion  of  a  suitable  edifice  for  a  monitorial  high  school  in  the  county  town.  I 
can  conceive  of  no  reasonable  objection  to  the  adoption  of  a  measure  so  well 
calculated  to  raise  the  character  of  our  schoolmasters,  and  to  double  the 
powers  of  our  artizans,  by  giving  them  a  scientific  education." 

From  the  annual  report  of  the  Superintendent,  it  appeared  that  the  num 
ber  of  school  districts  had  increased  to  8,298,  from  7,806  of  which  return* 
had  been  received,  showing  that  the  whole  number  of  children  between  the 
ages  of  five  and  fifteen,  in  the  districts,  was  419,216  ;  and  that  the  whole 
number  taught  in  the  common  schools  during  the  year  reported,  was  441,- 
856  ;  beiag  an  increase  of  10,225  since  the  preceding  year,  and  of  SOI, 760 
since  1816.  The  aggregate  amount  of  public  money  received  and  expended 
by  the  several  .districts,  in  the  payment  of  the  wages  of  duly  qualified  teach 
era,  was  $222,995.77  ;  of  which  |lOO,000  was  paid  from  the  state  treasury, 
$110,542.32  i-aised  by  tax  upon  the  several  towns  and  counties,  and  $32,45$. 
45  derived  from  L,,-;;!  funds. 

The  productive  capital  of  the  school  fund  was  increased  during  the  year 
reported,  $256,121.50,  by  the  transfer  of  $33,616.19,  the  balance  due  on  the 
loan  of  1786  to  this  fund ;  and  of  $100,000  of  bank  stock  owned  by  the 
state;  by  the  avails  of  the  premiums  received  on  the  sale  of  the  fttock(of 
the  Hudson  and  Delaware  canal  company,  amounting  to  $31,156.50  ;  and  by 
the  sale  of  lands  owned  by  the  state  at  Oswego,  by  which  $91,349  were  real 
ized  for  the  benefit  of  the  fund. 

The  Superintendent  recommends  the  affording  additional  facilities  for 
common  school  instruction  to  children  engaged  in  manufacturing  establish 
ments  ;  and  suggests  the  appropriation  by  ^the  commissioners  of  commoa 


31 

schools,  of  a  portion  of  •  public  money  to  each  such  establishment,  according 
to  the  number  of  children  to  be  benefitted  by  instruction. 

In  1829  the  number  of  common  schools  had  increased  to  8,609,  from  8404 
of  which  returns  were  received  by  the  Superintendent.  The  number  of 
children  be  tween  five  and  sixteen  years,  residing  in  the  several  districts 
from  which  reports  had  been  received,  was  440,113  ;  and  the  number  of 
children  taught  during  the  year  reported,  was  468,205 ;  being  an  excess 
of  26,349  over  the  preceding  year. 

In  1830  the  number  of  districts  was  8,872  ;  reporting,  8,292 ;  in  which 
were  468,257  children  between  the  ages  of  five  and  sixteen ;  and  480,041 
children  taught ;  being  an  increase  of  11,836  during  the  year  reported.  The 
Superintendent,  in  his  annual  report,  adverts  to  the  "  serious  deficiency  in 
the  supply  of  competent  teachers,"  as  "  the  great  obstacle  which  it  is  ne 
cessary  to  remove  before  we  can  reasonably  expect  to  accomplish  the" great 
result,  and  confer  the  enduring  benefits  which  were  anticipated  by  those 
who  founded  and  those  who  have  fostered  our  system  of  common  school  in 
struction."  "  Those  who  have  turned  their  attention  to  the  subject  of  giv 
ing  a  higher  character  to  the  common  schools,  in  this,  as  well  as  in  other 
atates,"  he  continues,  "  have  recommended  the  establishment  of  seminaries 
for  the  exclusive  education  of  teachers.  This  would  serve  to  multiply  the 
number  of  those  who  would  be  qualified  to  teach ;  but  after  being  thus 
qualified  at  the  public  expense,  what  guaranty  would  there  be  that  such 
persons  would  follow  the  business  of  teaching,  unless  they  could  be  as  libe 
rally  compensated  in  a  district  school  as  in  the  other  pursuits  of  life  ?  If 
the  inhabitants  of  the  districts  were  resolved  to  have  none  other  than  teach 
ers  of  the  highest  grade,  and  would  pay  the  highest  premium  for  talent,  our 
academies  and  high  schools  would  be  thronged  by  persons  fitting  themselves 
for  the  business  of  teaching  ;  and  all  these  institutions  would  practically  be- 
eome  schools  for  the  education  of  teachers.  If  the  districts  could  be  induced 
to  give  an  adequate  compensation,  and  constant  employment  to  first  rate 
instructors,  then  it  would  be  eminently  useful  to  establish  seminaries  for  the 
special  purpose  of  training  persons  as  professional  instructors."  "  To  secure 
permanent  teachers,  it  is  indispensable  that  the  inhabitants  of  the  districts 
should  afford  such  reasonable  compensation  and  constant  employment  as  will 
induce  persons  of  good  talents  to  devote  themselves  to  the  business  of  teach 
ing  as  a  profession."  "  If  the  intelligent  farmers  in  the  districts  would  ap 
ply  a  small  share  of  their  attention  and  practical  common  sense  to  this  sub 
ject,  a  revolution  in  the  character  of  the  schools  would  soon  be  effected." 

The  Superintendent  also  adverts  to  the  multiplicity  of  text  books  in  use 
in  the  several  schools,  but  expresses  the  opinion  that  the  designation  of  any 
particular  work  or  series  of  works,  to  the  exclusion  of  all  others,  would  be 
attended  with  injurious  consequences,  not  only  to  the  schools  themselves,  ' 
but  to  the  cause  of  education  generally.  He  remarks  that  "great  improve 
ments  are  constantly  going  on  in  the  character  of  school  books  ;  the  great 
est  experience  and  much  of  the  best  talent  of  the  country  is  enlisted  in 
this  business  ;  and  the  fruits  of  their  labors  are  constantly  giving  them 
new  claims  to  the  approbation  of  the  public.  The  adoption  of  a  particular 
book  would  amount  to  a  prohibition  upon  all  improvements,  and  would 
subject  the  inhabitants  to  a  loss  of  the  prohibited  books  then  on  hand.  The 
interests  of  the  common  schools  may  be  seriously  injured,  and  cannot  be 
essentially  benefitted  by  the  adoption  by  law  of  any  book  or  set  of 
books." 

The  following  is  the  earliest  specific  suggestion,  looking  to  the  establish-  \ 
cient  of  district  libraries,  which  I  have  been  able  to  find.  It  is  contained  \ 
in  Mi-.  Flagg's  report  for  this  year,  (1830.) 

"  A  society  has  been  established  in  England,  for  the  purpose  of  imparting 
useful  information  to  all  classes  of  community,  particularly  to  such  as  are 
unable  to.  avail  themselves  of  experienced  teachers.  To  effect  this  object, 
treatises  on  the  various  sciences,  and  books  of  practical  utility  have  been 
published  at  such  moderate  prices  as  to  bring  them  wituia  the  reach  of  all 


32 

classes.     A  small  sum  applied  to  the  publication  and  distribution 
the  several  school  districts,  of  similar  works,  would  have  the  most  favora 
ble  influence." 

It  will  have  been  perceived,  however,  that  Gov.  Clinton,  in  his  message 
at  the  opening  of  the  session  of  1827.  called  the  attention  of  the  legisla 
ture  to  the  expediency  of  providing  "small  and  suitable  collections  of 
books  and  maps,"  to  be  attached  to  the  common  schools. 

Gov.  Throop,  in  his  message  to  the  legislature  at  the  opening  of  the  see- 
sion  of  1831,  thus  alludes  to  this  great  interest  of  the  state  : 

"  There  is  no  one  of  our  public  institutions  of  more  importance,  or  which 
has  better  fulfilled  public  expectation,  than  that  providing  for  instruction 
in  common  schools.  The  large  fund  appropriated  to  that  object  has  produ 
ced  a  complete  organization  throughout  the  state  ;  and  although  the  system 
has  had  to  encounter  all  the  obstacles  to  a  new  otiterprizu  of  such  magni 
tude  in  its  operations  and  objects,  vet  it  has  been  well  seconded  by  public 
zeal  and  liberality.  Its  imperfections  may  receive  some  correction  from 
legislation,  yet  more  is  to  be  hoped  from  individual  exertions  to  carry  ibe 
design  of  the  legislature  into  effect  within  the  several  districts." 

From  the  annual  report  of  the  Superintendent  for  this  year  it  appears 
that  the  whole  number  of  districts  was  9,062,  from  8,630  of  which  reports 
had  been  made  in  accordance  with  law  ;  that  the  number  of  children  be 
tween  the  ages  of  five  and  sixteen  residing  in  the  several  districts  from 
which  such  reports  had  been  received,  was  497,503  ;  and  the  number  of 
children  taught  therein  during  the  year  reported,  499,434,  being  an  increas-e 
of  19,333  over  the  number  so  taught  the  preceding  year.  The  aggregate 
amount  of  public  money  received  and  expended  in  the  several  districts  for 
the  payment  of  the  wages  of  duly  qualified  teachers,  was  $239.713.00 ;  of 
which  $100,000  was  paid  by  the  State  from  the  common  school  fund  ; 
and  the  residue  derived  from  a  tax  on  the  several  towns,  and  from  local 
funds.  In  addition  to  the  public  money,  there  was  paid  by  the  inhabitants 
of  the  several  districts,  on  rate  bills  for  teachers'  wages,  $346,807,  making 
a  total  of  $586,520  paid  for  teachers'  wages  alone.  The  average  annual  in 
crease  of  the  number  of  scholars  instructed  in  the  common  schools^  during 
the  preceding  eleven  years  was  20,000. 

The  productive  capital  of  the  common  school  fund  amounted  at  this 
time  to  $1,696,743.66  ;  and  the  revenue  actually  received  into  the  trea 
sury  on  account  of  this  fund,  during  the  year  1830,  exceeded  the  sum  re- 
Quired  for  apportionment  among  the  several  districts  by  $678.60,  it  be 
ing  the  first  year  in  which  the  revenue  had  produced  the  sum  requisite  for 
this  purpose. 

The  Superintendent,  in  this  report,  examines  and  discusses  at  considera 
ble  length  the  various  plans  for  the  education  of  teachers,  and  recommends 
the  conversion  of  the  several  academies,  equal  in  number  at  that  period  to 
the  counties  in  the  state,  into  seminaries  for  training  teachers.  On  this 
subject  he  remarks  :  "  The  state  has  done  much  for  these  schools,  and  some 
thing  in  aid  of  the  cause  of  the  common  schools  may  reason  ablv  be  expect 
ed  from  them  ;  and  if  the  required  information  to  fit  a  person  for  teaching 
can  be  obtained  in  the  present  institutions,  sound  policy  and  good  economy 
are  in  favor  of  relying  upon  them  for  the  training  of  teachers/'  He  adverts 
in  this  connection  to  the  proposition  presented  to  the  legislature  at  its  pre 
ceding  session,  by  a  committee  of  the  citizens  of  Rochester,  for  the  estab 
lishment  of  a  state  seminary  for  the  education  of  teachers,  and  a  town  cen 
tral  school  in  each  town  in  the  state,  as  a  document  exhibiting  "much  re 
search  and  attention  to  the  subject  of  common  school  instruction."  In  thi* 
memorial  (legislative  documents,  1880,  volume  iv.  no.  887,)  the  committee, 
(Messrs.  Penney,  Comstock,  Brown,  Ward  and  Norton,)  after  recapitulating 
the  prominent  defects  in  the  existing  condition  of  common  school  education 
submits  a  plan,  designed 
"1.  To  furnish  a  competent  supply  of  well  qualified  teachers. 


33 

^2.  To  diffuse  the  benefits  of  good  teaching,  at  an  early  period,  through 
all  the  districts  in  the  state,  and  to  accomplish  the  intention  of  the  law  as 
to  an  efficient  inspection. 

"3.  To  secure  such  a  degree  of  respect  and  compensation  to  teachers,  as 
to  induce  men  of  good  talents  and  qualifications  to  make  teaching  a  profes 
sion  for  life,  and 

"4.  So  to  organize  and  govern  the  whole  system  of  common  school  eda- 
«ation  as  sufficiently  to  protect  this  great  interest  from  every  kind  of 
abuse,  and  to  cherish  it  for  the  various  useful  ends  it  may  be  made  i« 
serve? 

"It  is  proposed  to  effect  the  fir^t  of  these  objects  by  the  establishment  of 
say. three  state  seminaries,  for  the  education  of  teachers  ;  the  second,  by 
promoting  the  erection  of  one  central  school  of  the  most  approved  descrip 
tion  in  each  town,  having  the  duties  and  services  of  its  teacher  so  connect 
ed  with  all  the  other  districts  of  the  town,  as  to  secure  the  object  of  good 
teaching  to  all,  and  gradually  to  qualify  good  teachers  for  the  whole."  The 
particular  details  of  the  plan  were  also  presented  under  the  five  following 
general  heads : 

"1.  Of  the  proper  qualifications  of  a  teacher. 

"2.  Of  a  state  seminary  for  educating  teachers — its  government — ite 
course  of  instruction — admission  of  students — their  diplomas  and  privi 
leges. 

"3.  Of  the  town  central  schools — their  government,  <fcc. 

'*4.  Of  an  annual  meeting  of  the  faculties,  and  report  on  school  boobkst 
Ac. 

"5.  Of  the  government  and  general  superintendence  of  the  whole." 

The  great  length  of  this  document  precludes  its  insertion  here.  It  is, 
•however,  well  worthy  of  a  deliberate  and  attentive  examination,  in  the 
present  advanced  stage  of  educational  science  ;  and  its  sound  suggestion* 
and  practical  views  commend  it  to  the  favorable  regards  of  all  desirous  of 
elevating  and  expanding  to  their  utmost  practicable  limits  the  capabilities 
of  our  unrivalled  system  of  public  instruction.  The  condition  of  the  com 
mon  school  fund  at  the  period  when  these  views  were  presented,  interpo&ed 
an  insuperable  obstacle  to  the  adoption  of  the  plan  proposed.  This  objec 
tion  has  now  to  a  great  extent  disappeared  ;  and  it  is  believed  that  a  sound 
and  enlightened  public  sentiment  will  sustain  the  public  authorities  ia 
-carrying  into  execution,  with  such  modifications  and  improvements  as  ex 
perience  has  subsequently  brought  to  light,  the  recommendations  and  sug 
gestions  of  the  memorialists,  at  least  so  far  as  a  state  seminary  for  the  prep 
aration  of  teachers  is  concerned.  The  Superintendent,  in  his  report  for  the 
present  year,  also  examines  and  discusses  the  question,  how  far  the  expens 
es  of  supporting  and  maintaining  the  common  schools,  and  supplying  them 
•with  competent  teachers,  may  advantageously  be  provided  from  the  public 
funds  of  the  state,  and  to  what  extent  they  may  safely  and  successfully  be 
committed  immediately  to  the  inhabitants  of  the  several  districts.  He 
compares  the  operation  of  our  system  in  this  respect  with  those  of  Penn 
sylvania,  Virginia,  Connecticut  and  other  states,  in  the  two  former  of  whieb 
the  public  funds  were  -exclusively  appropriated  to  the  benefit  of  the  chil 
dren  of  indigent  inhabitants  of  the  several  districts,  and  in  Connecticut* 
were  lavished  with  an  indiscriminate  profusion,  furnishing  ample  means  for 
the  gratuitous  instruction  of  all  classes. 

"  Our  system  "  he  observes,  "  is  well  calculated  to  awaken  the  attention 
of  all  the  inhabitants  to  the  concerns  of  the  district  school.  The  power 
given  to  district  meetings  to  levy  a  tax,  to  a  limited  extent,  upon  the  pro 
perty  of  the  district,  excites  a  direct  interest  with  all  the  taxable  inhabitants 
to  attend  the  district  meetings,  whether  they  have  children  requiring  school 
accommodations  or  not.  The  wealthy  are  thus  prompted  to  act  as  trusteed, 
and  to  watch  over  the  concerns  of  the  district,  in  order  to  see  that  its  af 
fairs  are  conducted  with  care  and  economy  ;  and  much  of  the  intelligent 
of  the  district  ia  put  in  requisition  by  the  peculiarity  of  our  plan,  which 
3 


34 

might  be  wholly  lost  to  the  districts  if  the  whole  expense  of  the  tuition  -was 
provided  by  a  state  fund."  "  It  has  been  urged,  "  he  remarks,  in  another 
place,  "  that  the  amount  distributed  from  our  fund  is  too  small,  and  that  an 
increase  of  the  fund  would,  of  itself,  raise  the  standard  of  the  common 
school ;  but  an  increase  of  the  school  moneys  would  be  much  more  likely  to 
decrease  the  contributions  of  individuals,  than  to  elevate  the  standard  of 
the  common  schools."  At  this  period  the  amount  of  public  money  appor 
tioned  by  the  state  for  the  payment  of  teachers'  wages  in  the  several  dis 
tricts,  was  $100,000  ;  while  the  amount  raised  on  rate  bills  was  $346,807. 
The  annual  report  of  the  Superintendent  for  1844  shows  that  while  the 
amount  of  public  money  received  from  the  state  treasury  applicable  to  the 
same  purpose,  was  $220,000,  the  amount  paid  on  the  rate  bills  was  $509,- 
376.97  only  ;  being  $254,000  less  than  a  proportionate  amount  under  the  in 
creased  fund  contributed  by  the  state. 

On  the  subject  of  a  proposed  uniformity  of  text  books  in  the  several 
schools,  the  Superintendent  remarks,  "  no  man  or  set  of  men  could  make 
out  a  list  of  class  books  for  the  instruction  of  half  a  million  of  scholars, 
which  would  give  general  satisfaction  ;  and  there  is  great  reason  to  believe 
that  the  experiment  to  produce  uniformity  would  do  more  harm  than  it 
promises  to  do  good.  In  view  of  all  the  difficulties  which  surround  the  sub 
ject,  the  Superintendent  believes  that  it  is  best  to  leave  the  selection  of 
class  books  to  the  intelligence  of  the  inhabitants  of  the  districts  and  towns." 
In  support  of  these  views  he  refers  to  a  very  able  report  of  the  literature 
committee  in  the  assembly,  made  the  preceding  year,  and  which  will  be 
found  in  the  fonrth  volume  of  the  legislative  documents  of  that  year,  (No, 
431,)  of  1830. 

In  conclusion,  the  Superintendent  observes  : 

"  The  immense  importance  of  elevating  the  standard  of  education  in  the 
common  schools  is  strongly  enforced  by  the  fact,  that  to  every  ten  persons 
receiving  instruction  in  the  higher  schools,  there  are  at  least  five  hundred 
dependent  upon  the  common  schools  for  their  education.  In  urging  the 
importance  of  common  schools,  it  is  not  designed  to  depreciate  the  great 
utility  of  those  of  a  higher  grade.  In  the  discussions  on  the  subject  of 
popular  education,  it  has  in  some  case's  been  urged  that  academies  and  high 
schools  were  injurious  to  the  common  schools,  by  withdrawing  from  the  aid 
of  the  latter,  the  patronage  and  care  of  those  who  are  able  to  send  to  the 
former  Bchoola.  There  is  nothing  in  our  experience  which  should  induce  us 
to  look  with  disfavor  upon  the  higher  schools,  and  the  patriot  and  philan 
thropist,  in  estimating  the  means  which  are  to  contribute  to  the  perpetuity 
of  our  happy  form  of  government,  will  regard  all  our  schools  and  seminaries 
as  parts  of  the  same  useful  and  valuable  system,  from  the  university  to  the 
infant  school." 

In  1832,  the  number  of  school  districts  had  increased  to  9,333,  from  8,835 
of  which  reports  were  received.  The  whole  number  of  children  between 
five  and  sixteen  years  of  age  residing  in  the  several  reporting  districts,  was 
604,685  ;  and  the  number  taught  during  the  preceding  year,  was  497,257  ; 
being  an  increase  of  7,468  since  the  last  report. 

"  The  school  system  of  New -York,"  remarks  the  Superintendent,  "has 
been  formed  by  combining  the  advantages  of  the  different  plans  of  support 
ing  common  schools  which  prevail  in  the  New-England  states.  Connecticut 
has  a  large  fund  which  produces  nearly  or  quite  the  amount  paid  for  teach 
ers'  wages,  and  they  have  no  local  tax.  Massachusetts  and  Maine  have  no 
public  fund,  and  the  wages  of  teachers  are  provided  by  a  town  tax.  Our 
system  happily  combines  the  principles  of  a  state  fund  and  a  town  tax  ; 
enough  is  apportioned  from  the  state  treasury  to  invite  and  encourage  the 
co-operation  of  the  districts  and  towns  ;  and  not  so  much  as  to  induce  the  in 
habitants  to  believe  that  they  have  nothing  more  to  do  than  to  hire  a  teach 
er  to  absorb  the  public  money.  The  tax  authorized  upon  the  property  of 
the  town  and  district  has  a  most  salutary  effect  in  awakening  the  attention 
of  the  inhabitants  to  the  concerns  of  the  common  schools.  The  power  of 


35 

district  meetings  to  raise  money  by  tax,  induces  the  inhabitants  to  attend 
the  meetings,  and  to  overlook  the  interest  and  proceedings  of  the  district ; 
when,  if  the  whole  expense  was  provided  by  a  state  fund,  they  would  al 
low  the  trustees  to  receive  and  expend  the  money,  as  if  it  was  a  matter 
which  did  not  interest  the  great  body  of  the  inhabitants  of  the  district. 
Whatever  differences  of  opinion  may  exist  as  to  the  best  mode  of  providing 
for  the  expense  of  giving  instruction  to  all  the  children  of  the  state,  the 
success  which  has  attended  our  system  warrants  the  conclusion  that  a  pub 
lic  fund  may  be  made  eminently  useful  in  organizing  a  system  of  universal 
instruction.  The  apportionment  of  a  €ew  dollars  is  often  the  immediate 
inducement  for  neighborhoods  to  establish  schools  where  none  existed  be 
fore,  and  for  prompting  new  settlements  to  erect  school  houses,  at  an  ear 
lier  period  than  they  otherwise  would  have  done,  in  order  to  participate 
in  a  fund,  however  small,  which  they  know  is  enjoyed  by  other  districts 
in  their  towns." 

In  relation  to  the  "  vexed  question  "  of  text  books,  the  Superintendent 
renews  the  expression  of  his  opinion  "that  the  adoption  of  a  particular  set  of 
class  books  could  be  of  no  advantage  except  to  the  favored  authors,  to  whom 
the  monopoly  of  supplying  the  scholars  should  be  given.  Towards  all  other 
authors,  who  have  devoted  their  time  and  talents  to  the  preparation  of 
books,  as  well  as  publishers  who  have  embarked  their  fortunes  in  particular 
works,  it  would  operate  prescript! vely  and  with  manifest  injustice." 

AdministrationofJows  A.  Dix — 18J53  to  1839. 

In  his  message  at  the  opening  of  the  session  of  1833,  Gov.  MARCY  thus  ad 
verts  to  the  subject  of  common  schools  : 

"  Of  all  institutions,  there  is  none  that  presents  such  strong  claims  to  the 
patronage  of  the  government  as  our  system  of  common  schools ;  and  it  is 
gratifying  to  know  that  these  claims  have  been  recognized,  and  to  a  very 
considerable  extent,  satisfied.  The  wisdom  and  providence  of  our  legisla 
tion  appears  perhaps  no  where  so  conspicuously,  as  in  the  measures  which 
have  been  adopted,  and  the  means  which  have  been  provided  for  the  gene 
ral  diffusion  of  primary  education  among  the  children  of  all  classes  of  our 
citizens."  After  adverting  to  the  information  contained  in  the  annual  re 
port  of  the  Superintendent,  relative  to  the  condition  and  prospects  of  the 
common  schools,  the  governor  proceeds  :  "  An  active  and  adventurous  spir 
it  of  improvement  characterizes  the  present  age.  Its  best  direction  would 
seem  to  be  towards  multiplying  the  facilities,  and  consequently  abridging 
the  time  and  labor  of  acquiring  knowledge.  I  indulge  the  hope  that  much 
may  yet  be  done  in  this  respect  for  primary  education.  One  of  the  most 
obvious  improvements  in  relation  to  common  schools,  would  be  a  plan  for 
supplying  them  with  competent  teachers.  Under  present  circumstances, 
the  remedy  of  the  evils  resulting  from  the  employment  of  persons  not  prop 
erly  qualified,  can  only  be  applied  by  the  trustees  and  inspectors  ;  and  I 
am  not  apprised  that  any  further  direction  for  regulating  their  duties  in  this 
respect,  could  be  usefully  presented  to  the  legislature." 

From  the  annual  report  of  the  Superintendent  it  appeared  that  in  1833, 
the  number  of  school  districts  had  increased  to  9,600  ;  from  8,941  of  which 
reports  were  received,  in  which  there  were  508,878  children  between  five 
and  sixteen  years  of  age,  and  494,959  children  taught  during  the  year  re 
ported  ;  being  a  decrease  of  2,146  since  the  preceding  year.  The  Superin 
tendent  renews  the  expression  of  his  conviction  that  the  academies  are  ade 
quate  to  the  supply  of  competent  teachers  for  the  common  schools.  He  al 
so  again  calls  the  attention  of  the  legislature  to  the  expediency  of  making 
some  suitable  provision  for  the  education  of  the  children  of  persons  engaged 
in  the  various  manufacturing  establishments  of  the  state. 

"  The  policy  of  all  our  laws,"  he  observes,  "  is  to  secure  a  good  common 
school  education  to  every  child  in  the  state ;  and  the  condition  of  the  child 
ren  who  are  employed  in  the  manufactories,  as  to  their  means  of  instruction, 
ought  to  be  carefully  inquired  into  and  provided  for.  The  diffusion  of  edu 
cation  among  all  classes  of  our  population  is  deemed  of  such  vital  importance 


36 

to  the  preservation  of  our  free  institutions,  that  if  the  obligations  wliich 
rest  upon  every  good  citizen  in  this  particular  are  disregarded,  the  persona 
having  the  custody  of  such  children  ought  to  be  visited  with  such  disabili 
ties  as  will  induce  them,  from  interest  if  not  from  principle,  to  cause  the 
children  to  be  instructed,  at  least  in  reading,  writing  and  arithme 
tic.  Intelligence  has  been  regarded  as  the  vital  principle  of  a  free  govern 
ment,  and  every  parent,  guardian  or  master,  who  neglects  or  refuses  to  give 
the  children  under  his  charge  the  advantages  of  a  common  school  education, 
particularly  in  cases  where  the  instruction  is  offered  "  without  money  and 
without  price,"  is  as  much  an  offender  against  the  state,  as  the  man  who  re 
fuses  to  perform  any  other  duty  which  is  deemed  essential  to  the  preserva 
tion  of  our  liberties." 

On  the  15th  day  of  January,  1833,  JOHN  A.  Dix  was  appointed  secretary 
of  state  and  Superintendent  of  Common  Schools,  Mr.  Flagg  having  been  pro 
moted  to  the  office  of  comptroller.  During  the  administration  of  the  latter, 
a  period  of  seven  years,  the  number  of  school  districts  in  the  state  had  in 
creased  from  7,773  to  9,600  ;  the  number  of  children  instructed  in  them, 
from  425,586  to  494,959,  and  the  proportion  of  the  number  of  children  taught 
to  the  whole  number  residing  in  the  several  districts,  from  100  to  93,  to  250 
to  249.  The  amount  of  public  money  annually  appropriated  for  the  pay 
ment  of  the  wages  of  approved  teachers,  had  increased  from  $182,790.09  to 
$5305,582.78.  The  external  organization  and  internal  details  of  the  system  had 
received  the  fostering  care  and  enlightened  attention  of  the  most  practical 
and  discriminating  minds  of  the  state  ;  and  the  unequalled  rapidity  with 
which  districts  sprung  up  in  every  section  of  the  state,  and  children  of  all 
ages  and  classes  were  gathered  into  the  common  schools,  sufficiently  indicate 
the  general  appreciation  of  the  advantages  and  merits  of  the  system,  on  the 
part  of  the  people  generally.  To  untiring  industry  and  great  efficiency,  Mr. 
Flagg  united  an  eminently  practical  mind,  which  enabled  him,  in  the  midst 
of  numerous  and  plausible  projects  for  the  elevation  and  improvement  of 
the  system  of  popular  education,  to  select  and  recommend  those  only  which 
promised  the  realization  of  the  hopes  and  aspirations  of  the  sound  and  ju 
dicious  friends  of  the  common  schools  ;  arid  accordingly,  while  steadfastly 
setting  his  face  against  the  adoption  of  an  uniform  series  of  text  books,  and 
of  a  state  seminary  for  the  instruction  of  teachers,  as  impracticable  in 
the  existing  state  of  things,  he  strongly  urged  the  adoption  of  a  more  effi 
cient  and  vigorous  system  of  inspection  and  supervision,  and  several  years 
in  advance  of  any  direct  movement  on  the  subject,  recommended  the  publi 
cation  and  distribution  of  suitable  books  for  the  diffusion  of  useful  knowl 
edge,  among  the  several  school  districts  of  the  state. 

During  his  administration  of  the  common  school  department,  the  founda 
tions  were  laid  of  those  equitable  principles  upon  which  the  various  contro 
versies  growing  out  of  the  several  school  laws,  were  adjusted  by  the  decis 
ions  of  the  Superintendent.  Up  to  this  period,  no  records  of  the  adjudica 
tions  of  this  officer  had  been  kept ;  and  the  various  questions  almost  daily 
presented  for  settlement  had  been  determined  upon  their  specific  merits, 
without  apparently  any  attempt  to  reduce  the  system  to  unity  and  harmo 
ny,  or  to  establish  and  maintain  general  principles  of  interpretation  and  de 
cision.  The  decisions  of  Mr.  Flagg,  and  his  successor,  Gen.  Dix,  were  in 
1837,  collected  by  the  latter  and  published,  for  the  benefit  of  the  several  of 
ficers  connected  with  the  administration  of  the  system  throughout  the  state  ; 
and  they  have  not  only  served  as  a  basis  for  the  determination  of  the  nu 
merous  and  complicated  questions  which  have  since  arisen,  but  have  exer 
cised  a  highly  beneficial  influence  upon  the  councils  and  proceedings  of  the 
officers  and  inhabitants  of  the  several  districts,  by  repressing  litigation,  by 
defining  the  powers,  privileges  and  responsibilities  of  those  called  to  the 
performance  of  any  duty  in  relation  to  the  common  schools,  and  by  the  in 
troduction  and  settlement  of  fixed  principles  of  interpretation,  applicable  to 
almost  every  emergency  likely  to  arise  in  the  practical  operation  of  the 
system. 


37 

From  the  annual  report  of  Gen.  Dix,  as  Superintendent  of  Common 
Schools,  made  on  the  8th  of  January,  1834,  it  appeared  thai  there  were  9,690 
school  districts  in  the  state,  from  9,107  of  which  reports  had  been  made  in 
accordance  with  law.  The  number  of  children  between  the  ages  of  five  and 
sixteen,  residing  in  the  several  districts  from  which  reports  were  received, 
was  522,618  ;  and  the  whole  number  of  children  taught  in  the  several  dis 
trict  schools,  was  512,475;  being  an  increase  of  17,516  over  the  number 
thus  instructed  during  the  preceding  year.  In  reference  to  the  amount  of 
the  public  funds  provided  for  the  support  of  common  schools,  the  Superin 
tendent  expresses  his  opinion  that  the  sum  ($100,000)  distributed  among 
the  several  districts,  was  as  great  as  was  necessary  to  accomplish  every  ob 
ject  of  such  a  distribution.  "  Experience  in  other  states,"  he  observes, 
"  has  proved  what  has  been  abundantly  confirmed  by  our  own,  that  too  large 
a  sum  of  public  money  distributed  among  the  common  schools  has  no  salu 
tary  effect.  Beyond  a  certain  point,  the  voluntary  contributions  of  the  in 
habitants  decline  in  amount  with  almost  uniform  regularity  as  the  contribu 
tions  from  a  public  fund  increase."  "  Should  the  general  fund  at  any  future 
day  be  recruited  so  as  to  admit  of  an  augmentation  of  the  capital  or  revenue 
of  the  common  school  fund,  or  both,  the  policy  of  increasing  the  sum  annual 
ly  distributed  to  the  common  schools,  beyond  an  amount  which  shall,  when 
taken  in  connection  with  the  number  of  children  annually  taught  in  them, 
exceed  the  present  rate  of  apportionment,  would  be  in  the  highest  degree 
questionable." 

With  respect  to  the  preparation  of  teachers  for  the  common  schools,  the 
Superintendent  conciirs  generally  in  the  views  of  his  predecessor,  that  the 
several  academies  in  the  state,  .aided  by  liberal'  appropriations  for  this  pur 
pose  from  the  literature  fund,  are  abundantly  adequate  to  the  accomplish 
ment  of  the  object  in  view  ;  that  the  establishment  of  one  or  more  teachers' 
seminaries,  devoted  exclusively  to  this  subject,  would  be  impracticable 
without  requiring  the  districts  not  only  to  employ  such  teachers  when  pre 
pared,  but  to  provide  them  with  an  adequate  compensation — neither  of 
which  measures  would  for  a  moment  be  tolerated  ;  and  that  the  demand  on 
the  part  of  the  districts  for  teachers  of  a  higher  degree  of  qualification  will 
be  met  by  a  corresponding  supply  from  the  academies,  whenever  sufficient 
inducements  are  held  out  to  the  latter  to  devote  a  large  portion  of  their  at 
tention  to  the  preparation  of  such  teachers.  An  enlightened  appreciation, 
on  the  part  of  inhabitants  of  districts  generally,  of  the  functions  and  respon 
sibilities  of  teachers — a  determination  to  secure  the  highest  order  of  talent, 
and  to  provide  an  adequate  compensation — and  a  disposition  to  elevate  the 
character  and  advance  the  social  rank  of  the  teacher,  by  assigning  him  that 
station  in  the  regards  of  the  community  which  is  due  to  the  dignity  and 
utility  of  his  profession  ;  these  are  regarded  as  indispensable  pre-requisitea 
to  the  success  of  any  system  which  contemplates  the  specific  preparation 
of  teachers. 

On  the  subject  of  the  adoption  of  a  uniform  series  of  text  books  for  the 
use  of  schools,  the  Superintendent  also  adopts  the  views  of  his  predecess 
ors,  discountenancing  such  a  measure  as  impracticable  and  unjust. 

In.  reference  to  the  establishment  of  DISTRICT  LIBRARIES,  the  Superintend 
ent  observes : 

"  If  the  inhabitants  of  school  districts  were  authorized  to  lay  a  tax  upon 
their  property  for  the  purpose  of  purchasing  libraries  for  the  use  of  the  dis 
trict,  such  a  power  might  with  proper  restrictions  become  a  most  efficient 
instrument  in  diffusing  useful  knowledge,  and  in  elevating  the  intellectual 
character  of  the  people.  A  vast  amount  of  useful  information  might  in  this 
manner  be  collected,  where  it  would  be  easily  accessible,  and  its  influence 
could  hardly  fail  to  be  in  the  highest  degree  salutary,  by  furnishing  the 
means  of  improvement  to  those  who  have  finished  their  common  school  ed 
ucation,  as  well  as  to  those  who  have  not.  The  demand  for  books  would  en 
sure  extensive  editions  of  works  containing  matter  judiciously  selected,  at 


38 

prices  which  competition  would  soon  reduce  to  the  lowest  rate  at  which 
they  could  be  furnished.  By  making  the  imposition  of  the  tax  wholly  dis 
cretionary  with  the  inhabitants  of  each  district,  and  leaving  the  selection  of 
the  works  under  their  entire  control,  the  danger  of  rendering  such  a  provi 
sion  subservient  to  the  propagation  of  particular  doctrines  or  opinions 
would  be  effectually  guarded  against  by  their  watchfulness  and  intelli 
gence." 

By  an  act  of  the  legislature  passed  this  year,  the  surplus  income  of  the  lit 
erature  fund,  beyond  the  sum  of  $12,000,  was  placed  at  the  disposal  of  the 
Kegeuts  of  the  University,  to  be  by  them  distributed  to  such  of  the  acade 
mies  subject  to  their  visitation  as  they  might  select,  and  to  be  devoted  ex 
clusively  to  the  education  of  common  school  teachers.  The  funds  thusj  ap 
propriated  were  estimated  at  about  $8,000  per  annum. 

At  the  opening  of  the  session  of  1835,  Gov.  Marcy,  in  his  message,  com 
mended  to  the  special  attention  of  the  legislature,  the  adoption  of  "a  pro 
vision  for  supplying  competent  teachers,  improvements  in  the  method  of 
instruction,  and  the  faithful  and  economical  application  of  the  funds  to  such 
objects  and  in  such  a  manner  as  will  insure  the  best  results."  He  observes  : 
"  In  regard  to  the  common  schools,  considering  their  great  importance  in  a 
political  and  moral  point  of  view,  the  efforts  of  the  legislature  should  not 
be  intermitted  until  the  system  shall  be  so  improved  as  to  secure  to  the 
children  of  all  classes  and  conditions  of  our  population,  such  an  education 
as  will  qualify  them  to  fulfil  in  a  proper  manner,  the  duties  appertaining  to 
whatever  may  be  their  respective  pursuits  and  conditions  of  life." 

The  number  of  school  districts  at  this  period  had  increased  to  9,865  ;  the 
whole  number  of  children  between  the  ages  of  five  and  sixteen  to  534,000, 
and  the  number  taught  in  the  several  districts  from  which  reports  had  been 
received  to  521,240,  or  18,256  more  than  were  so  instructed  during  the  pre 
ceding  year. 

The  following  extract  from  the  annual  report  of  the  Superintendent, 
transmitted  to  the  legislature  on  the  7th  of  January  of  this  year,  will  ex 
hibit  the  views  of  that  officer  in  reference  to  the  adequacy  of  the  acade 
mies  to  furnish  the  common  schools  with  a  competent  supply  of  duly  quali 
fied  teachers,  and  also  in  reference  to  the  relations  which  the  various  in 
stitutions  for  the  promotion  of  public  instruction  should  sustain  to  each 
other: 

"  If  the  foundations  of  our  whole  system  of  public  instruction  were  to  be 
laid  anew,  it  would,  perhaps,  be  advisable  to  create  separate  seminaries  for 
the  preparation  of  teachers,  although  from  the  nature  of  our  institutions,  it 
might  be  deemed  arbitrary,  if  indeed  it  were  practicable,  to  compel  the 
school  districts  to  employ  them.  It  would  be  equally  difficult,  without  a 
great  augmentation  of  the  school  fund,  to  present  to  the  districts  a  sufficient 
pecuniary  inducement  to  engage  the  individuals  thus  prepared  ;  and  it  may 
be  safely  assumed  that  nothing  short  of  a  thorough  conviction  in  the  public 
mind,  that  common  school  teachers  are  in  general  incompetent  to  the  proper 
fulfilment  of  their  trusts,  and  that  the  standard  of  education  is  extremely 
imperfect,  would  accomplish  the  object.  If  that  conviction  can  now  be 
created,  the  existing  evils  may  be  readily  redressed.  Our  common  school 
system  is  so  perfectly  organized,  and  administered  throughout  with  so  much 
order  and  regularity,  and  so  many  academies  under  able  management  are 
already  established,  that  it  would  seem  the  part  of  wisdom  to  avail  our 
selves  of  these  institutions,  to  the  extent  of  their  capacity,  for  the  purpose 
of  training  teachers  for  the  common  schools.  Their  endowments,  their  or 
ganization,  the  experience  and  skill  of  their  instructors,  and  their  whole  in 
tellectual  power,  may  be  made  subservient  to  the  public  purpose  in  view, 
and  with  the  aid  which  the  state  can  lend,  much  may  be  effected.  But, 
whatever  differences  of  opinion  may  prevail  with  regard  to  the  foundation 
of  this  plan,  in  sound  policy,  the  question  has  been  settled  by  the  legisla 
ture,  and  it  remains  only  to  carry  it  into  execution  with  proper  energy. 


39 

Should  it  prove  inadequate  to  the  ends  proposed,  a  change  of  plan  may  thea 
be  insisted  on,  without  being  open  to  the  objection  of  abandoning  a  system 
which  has  not  been  fairly  .tested. 

"  It  may  not  be  improper  to  remark  in  this  place  that  the  necessary  eoa-. 
nexion  which  exists  between  our  common  schools  and  the  literary  institu 
tions  of  the  state,  including  those  of  the  highest  grade,  has  been  too  fre 
quently  overlooked.  The  academies  have  already  been,  in  effect,  without 
receiving  from  the  state  any  direct  pecuniary  aid  for  the  purpose,  nurserie* 
for  common  school  teachers.  The  great  body  of  those  who  have  either  tem 
porarily  or  permanently  devoted  themselves  to  teaching,  have  been  prepar 
ed  at  the  academies  with  a  view  to  that  occupation,  or  to  some  professional 
employment.  The  instructors  in  the  academies  have  in  their  turn  been  ed 
ucated  in  the  colleges ;  and  but  for  the  latter  or  some  other  system  of 
classical  and  scientific  education,  as  a  substitute  for  the  course  of  training 
pursued  in  the  colleges,  the  academies  would  obviously  be  destitute  of  the 
necessary  supply  of  tutors.  Thus  all  our  incorporated  literary  institution* 
minister  to  the  improvement  of  the  common  school  system,  on  which  the 
great  body  of  the  people  are  dependent  for  their  education." 

••v.'-TiJlI     •.-•'::  :'.'  '     '    -  Wild  ' 

The  Superintendent,  after  adverting  to  the  defective  state  of  the  systems  of 
instruction  in  common  schools,  proceeds  at  considerable  length  to  combat  the 
idea  that  "  the  education  which  an  individual  receives,  should  be  designed 
exclusively  to  fit  him  for  the  particular  employment  which  he  is  destined  to 
pursue."  "  The  attention  of  the  great  body  of  the  people"  he  justly  remarks, 
"  should  be  directed  to  objects  beyond  the  sphere  of  the  employments  on 
which  they  depend  for  their  support."  "  Knowledge  carries  with  it  influence 
over  the  minds  of  others,  and  this  influence  is  power.  In  free  governments — 
what  is  of  more  vital  concern — it  is  political  power."  And  he  illustrates  these 
views  by  a  reference  to  the  range  and  importance  of  the  duties  devolving 
upon  every  American  citizen. 

On  the  8th  of  January,  1835,  Gen.  Dix,  as  chairman  of  a  committee  of  the 
Regents  of  the  University,  appointed  to  prepare  and  report  a  plan  for  the 
better  education  of  teachers  of  common  schools,  submitted  an  elaborate  and 
able  report  recommending  the  establishment  and  organization  of  a  teacheiV 
department,  to  be  connected  with  one  academy  to  be  designated  by  the 
Regents,  in  each  of  the  eight  senatorial  districts  of  the  state ;  indicating  the 
course  of  study  to  be  pursued  in  such  departments  ;  and  suggesting  for  th« 
consideration  of  the  Regents  the  academies  to  be  selected  for  this  purpose, 
which  should  each  receive  annually  the  sum  of  $400  from  the  fund  applicable 
to  this  object.  The  report  was  agreed  to  by  the  Regents,  and  Erasmus  Hall 
Academy  in  Kings  county,  Montgomery  Academy,  Orange  county.  Kinder- 
hook,  St.  Lawrence,  F  airfield,  Oxford,  Canandaigua,  and  Middlebury  Acade 
mies  were  designated  for  the  establishment  of  these  institutions,  on  the  baaia 
and  subject  to  the  restrictions  and  regulations  indicated  in  the  report. 

On  the  13th  of  April  of  this  year,  the  foundations  of  the  District  School 
Library  were  laid  by  an  act  authorizing  the  taxable  inhabitants  of  the  several 
school  districts  to  impose  a  tax  not  exceeding  twenty  dollars  for  the  first  year, 
and  ten  dollars  for  each  succeeding  year,  "  for  the  purchase  of  a  district 
library,  consisting  of  such  books  as  they  shall  in  their  district  meeting  direct" 

This  bill  was  ably  advocated  in  the  Senate  by  COL.  YOUNG  of  Saratoga,  and 
the  Hon.  LEVI  BEARDSLEY  of  Otsego ;  and  its  friends  were  indebted  for  its 
success,  in  great  part,  to  the  untiring  exertions  and  extensive  influence  of 
JAMES  WADS  WORTH  of  Geneseo;  an  eminent  philanthropist,  who  lost  no  oppor 
tunity  to  aid,  by  his  ample  wealth  and  enlightened  intellect,  every  means  by 
which  the  mental  and  moral  advancement  of  the  youth  of  the  state  might 
be  promoted. 

On  the  6th  of  May,  Mr.  WETMORE,  of  New  York,  chairman  of  the  litera 
ture  committee  of  the  house,  made  a  very  able  report,  concluding  with  a  recom 
mendation  for  the  establishment  of  a  separate  "  Department  of  Public  Instruc 
tion,"  under  the  superintendence  of  an  officer  to  be  known  as  "  Secretary  of 


40 

Public  Instruction,"  to  be  appointed  by  the  legislature  triennially,  in  the  same- 
manner  with  other  state  officers  ;  who  should  possess  the  powers  and  discharge 
the  duties  of  Superintendent  of  Common  Schools,  and  be  ex-officio  Chancellor 
of  the  Regents  of  the  University,  <fcc.  The  several  colleges  and  academies  of 
the  state  were  to  be  subject  to  his  visitation  ;  and  he  was  required  particularly 
to  visit  and  inspect  those  academies  in  which  departments  for  the  education 
of  teachers  were  established.  No  definite  action  was  however  had  on  this 
proposition,  by  the  legislature. 

The  following  is  an  extract  from  Gov.  Marcy's  message  at  the  opening  of 
the  session  of  1836: 

"  In  a  government  like  ours,  which  emanates  from  the  people,  where  the 
entire  administration,  in  all  its  various  branches,  is  conducted  for  their  benefit 
and  subject  to  their  constant  supervision  and  control ;  and  where  the  safety 
and  perpetuity  of  all  its  political  institutions  depend  upon  their  virtue  and 
intelligence,  no  other  subject  can  be  equal  in  importance  to  that  of  public 
instruction,  and  none  should  so  earnestly  engage  the  attention  of  the  legisla 
ture.  Ignorance,  with  all  the  moral  evils  of  which  it  is  the  prolific  source,, 
brings  with  it  also  numerous  political  evils,  dangerous  to  the  welfare  of  the 
state.  It  should  be  the  anxious  care  of  the  legislature  to  eradicate  these  evils 
fey  removing  the  causes  of  them.  This  can  be  done  effectually,  only  by  diffu 
sing  instruction  generally  among  the  people.  Although  much  remains  here  to 
be  done  in  this  respect,  the  past  efforts  of  legislation  upon  the  subject  merit 
high  commendation.  Much  has  been  already  accomplished  for  the  cause  of 
popular  education.  A  large  fund  has  been  dedicated  to  this  object,  and  our 
common  school  system  is  established  on  right  principles.  But  this  is  one  of 
those  subjects  for  which  all  cannot  be  done  that  is  required,  without  a  power 
ful  co-operation  on  the  part  of  the  people  in  their  individual  capacity.  The 
providing  of  funds  for  education  is  an  indispensable  means  for  attaining  the 
end  ;  but  it  is  not  education.  The  wisest  system  that  can  be  devised  cannot 
be  executed  without  human  agency.  The  difficulty  in  the  case  arises,  I  fear, 
from  the  fact  that  the  benefits  of  general  education  can  only  be  fully  appre 
ciated  by  those  who  are  educated  themselves  Those  parents  who  are  so 
unfortunate  as  not  to  be  properly  educated,  and  those  whose  condition  requires 
them  to  employ  their  time  and  their  efforts  to  gain  the  means  of  subsistence, 
do  not,  in  many  instances,  sufficiently  value  the  importance  of  education  Yet 
it  is  for  their  children,  in  common  with  all  others,  that  the  common  school  sys 
tem  is  designed  ;  and  until  its  blessings  are  made  to  reach  them,  it  will  not  be 
what  it  ought  to  be.  If  parents  generally  were  sensible  of  the  inestimable 
advantages  they  were  procuring  for  their  children  by  educating  them,  I  am 
sure  the  efforts  and  contributions  which  are  required  to  give  full  efficiency  to 
our  present  system  would  not  be  withheld.  If  I  have  rightly  apprehended 
the  indications  of  public  opinion  on  this  subject,  a  more  auspicious  season  is 
approaching.  At  this  time,  a  much  larger  number  of  individuals  than  hereto 
fore  are  exerting  their  energies  and  contributing  their  means,  to  impress  the 
public  mind  with  the  importance  of  making  our  system  of  popular  instruction 
effective  in  diffusing  its  benefits  to  all  the  children  of  the  state.  I  anticipate 
much  good  from  the  prevalence  of  the  sentiment  that  the  efforts  of  individ 
uals  must  co-operate  with  the  public  authorities  to  ensure  success  to  any  sys 
tem  of  general  education." 

From  the  annual  report  of  the  Superintendent,  it  appeared  that  the  number 
of  districts  had  increased  to  10,132  ;  the  number  of  children  between  the  ages 
of  five  and  sixteen,  to  543,000  :  and  the  number  taught  in  the  several  districts 
from  which  reports  had  been  received,  to  541,400,  being  an  increase  of  over 
10,000  from  the  preceding  year.  The  Superintendent  repeats  the  expression 
of  his  conviction,  "that  a  school  fund  so  large  as  to  admit  of  a  distribution  of 
money  to  the  common  schools  in  any  degree  approaching  the  amount  expended 
for  their  support,  would  be  likely  to  be  injurious  rather  than  beneficial, 
A  school  fund,"  he  observes,  "  can  only  be  useful  when  its  revenue  is  sufficient. 


41 

and  no  more  than  sufficient,  to  operate  as  an  inducement  to  the  inhabitants  of 
school  districts  to  contribute  liberally  to  their  support."  "  It  is,  from  the 
nature  of  the  subject,  impossible  to  fix  the  exact  limit,  below  which  a  reduc 
tion  of  the  sum  distributed  (including  the  amount  raised  by  taxation  in  the 
several  towns)  would  cease  to  operate  as  an  inducement  to  the  inhabitants  to 
assume  the  residue  of  the  expenses  of  maintaining  the  schools,  or  beyond 
which  its  increase  would  render  their  burdens  so  light  as  to  create  inattention 
to  the  concerns  of  the  districts.  It  may,  however,  be  safely  assumed,  that,  at 
any  point  between  forty  and  fifty  cents  per  scholar,  it  is  not  probable  that 
either  of  these  evils  would  be  felt ;  and  that  its  augmentation  above  the  max 
imum,  on  the  one  hand,  or  its  reduction  on  the  other,  below  the  minimum 
above  named,  ought  to  be  avoided,  if  practicable."  The  effect  of  the  sub 
sequent  increase  of  the  sum  so  distributed  during  the  past  few  years, 
has  certainly,  it  may  here  be  remarked,  by  no  means  inipcT.ched  the 
soundness  and  accuracy  of  this  proposition  ;  the  extent  to  which  the  schools 
have  improved  being  clearly  attributable  to  other  and  more  potent  influences 
than  the  augmentation  of  the  public  funds  applicable  to  their  support. 

At  the  opening  of  the  session  of  1837,  Gov.  Marcy  again  .brought  the  sub 
ject  of  common  school  education  before  the  legislature,  in  connection  with 
the  act  of  congress  of  the  preceding  year,  authorizing  the  deposit  of  the 
share  belonging  to  this  state,  of  the  surplus  revenue  of  the  United  States, 
with  the  state  for  safe  keeping,  until  required  by  the  general  government. 
He  recommended  the  appropriation  from  the  income  of  this  fund,  .of  an 
amount  equal  to  the  sum  annually  distributed  to  the  common  schools,  to 
be  applied  to  the  same  purpose,  viz.  the  payment  of  the  wages  of  duly 
qualified  teachers  ;  making  the  annual  distribution  for  this  purpose,  $220,- 
000 — a  liberal  appropriation  to  the  academies,  "  having  in  view  principally 
the  design  of  rendering  them  more  efficient  as  seminaries  for  educating 
common  school  teachers — and  the  addition  of  the  residue  of  such  income 
to  the  capital  of  the  common  school  fund.  He  also  recommended  the  trans 
fer  of  the  general  superintendence  and  supervision  of  the  several  academies 
of  the  state,  from  the  Regents  of  the  University  to  the  secretary  of  state 
in  his  capacity  of  Superintendent  of  Common  Schools,  disapproving  of  the 
proposed  erection  of  a  separate  department  of  public  instruction,  and  sug 
gesting  the  appointment  of  an  additional  deputy  to  aid  the  secretary  in  the 
performance  of  this  portion  of  his  official  duties.  He  commends  the  efforts 
in  progress  for  the  promotion  of  popular  instruction  by  the  diffusion  of  edu 
cation  through  all  ranks  of  the  people,  and  the  devotion  of  talents  and 
wealth  to  this  great  cause  ;  and  expresses  his  conviction,  that  aided  by  the 
powerful  co-operation  of  the  legislature,  its  advancement  may  confidently 
be  anticipated. 

The  sum  of  $110,000  was  this  year  apportioned  among  the  several  school 
districts,  the  number  of  which  had  augmented  to  10,207.  The  number  of 
children  between  five  and  sixteen  residing  in  the  several  districts  from 
which  reports  had  been  received,  was  538,398  ;  and  the  number  instructed 
within  the  year,  532,167  ;  being  a  diminution  of  9,234  from  the  number 
instructed  the  preceding  year.  This  diminution  is  accounted  for  by  the 
Superintendent,  "  by  the  prevalence  of  an  absorbing  attention,  in  a  consid 
erable  portion  of  the  community,  to  their  pecuniary  interests  rather  than 
to  the  interests  of  education."  "  Strong  excitements  in  the  community," 
he  observes,  "  especially  when  continued  for  a  length  of  time,  are  iu  their 
nature  unfriendly  to  the  cause  of  education  ;  and  of  such  excitements  none 
is  perhaps  so  much  so  as  that  which  is  characteristic  of  periods  when  for 
tunes  are  amassed  without  effort  and  by  the  mere  chances  of  speculation." 
"  In  the  year  1834,"  he  continues,  "the  common  schools  were  in  better  con 
dition,  in  all  respects,  than  they  had  been  at  any  previous  time  ;  and,  as  is 
well  known,  that  year  was  distinguished  by  a  serious  depression  in  the 
business  affairs  of  the  country.  The  interests  of  education  seem  never  to 
be  better  secured  than  in  seasons  when  individuals  are  compelled  to  hug- 
band  their  resources,  and  when  the  highest  as  well  as  the  most  certain  re- 


42 

wards  are  those  which  are  the  fruita  of  patient  industry.  No  period  seems 
less  propitious  to  the  promotion  of  those  interests,  than  that  season  of  de 
lusive  prosperity  in  which  multitudes  are  tempted  by  a  few  instances  of 
wealth  suddenly  acquired,  to  lay  aside  their  accustomed  avocations,  and 
embark  in  the  precarious  pursuits  of  fortune." 

In  his  message  at  the  opening  of  the  session  of  1838,  Gov.  Marcy  repeats 
his  recommendations  of  the  previous  year,  in  reference  to  the  proper  dis 
position  'of  the  revenue  of  the  United  States  deposit  fund,  with  the  addi 
tional  suggestion  that  a  portion  of  this  fund  be  devoted  to  the  purchase  of 
DISTRICT  LIBRARIES,  in  such  of  the  several  school  districts  of  the  state  as 
should  raise  by  taxation  an  equal  amount  for  that  object.  In  reference  to 
the  departments  for  the  education  of  teachers  connected  with  the  respec 
tive  academies  designated  by  the  Regents  of  the  University,  he  expresses 
the  opinion,  that  however  ably  conducted,  they  must  of  necessity  be  in 
adequate  to  the  supply  of  the  requisite  number  of  teachers  for  the  common 
schools,  and  suggests  the  establishment  of  county  normal  schools,  "  on  prin 
cipals  analogous  to  those  on  which  our  system  of  common  shools  is  found 
ed."  An  increase  of  the  number  of  academies  provided  with  teachers'  de 
partments,  is  also  suggested,  the  additional  expense  to  be  defrayed  from 
the  revenue  of  the  deposit  fund. 

The  number  of  school  districts  had  now  increased  to  10,345  :  the  number 
of  children  between  five  and  sixteen  residing  in  the  several  districts  from 
which  reports  were  received,  to  536,882  and  the  number  taught  was  524,- 
188  ;  showing  a  still  further  diminution  of  nearly  8,000  from  the  preceding 
year. 

During  this  session  the  sum  of  $160,000  was  added  from  the  annual  re 
venue  of  the  United  States  deposit  fund,  to  the  amount  to  be  apportioned 
among  the  several  school  districts  of  the  state ;  of  which  $55,000  was 
is  required  to  be  expended  by  the  trustees  in  the  purchase  of  suitable 
books  for  a  district  library,  and  the  residue  for  the  payment  of  the  wages 
of  duly  qualified  teachers.  An  equal  amount  was  also  required  to  be  raised 
by  taxation  on  the  several  counties  and  towns,  and  applied  to  the  same 
purpose.  The  residue  of  the  income,  after  making  certain  appropriations 
to  the  colleges  and  academies,  was  added  to  the  capital  of  the  common 
school  fund. 

On  the  7th  of  March,  the  Hon.  DANIEL  D.  BARNARD,  from  the  literature 
committee  of  the  house,  submitted  a  masterly  and  eloquent  report  upon 
the  general  subject  of  public  instruction,  to  which  we  regret  that  our  limits 
compel  us  only  to  advert.  Many  important  and  valuable  suggestions  for 
the  extension  and  greater  efficiency  of  our  systems  of  popular  education 
will  be  found  embraced  in  this  document.  No  specific  action,  however,  in 
accordance  with  the  recommendations  of  the  report  was  had. 

At  the  opening  of  the  session  of  1839,  Gov.  SEWARD  called  the  attention 
of  the  legislature,  in  an  especial  manner,  to  the  interests  of  elementary 
public  instruction  ;  expressing  his  conviction  of  the  paramount  necessity 
of  elevating  the  standard  of  education  ;  recommending  legislative  co-opera 
tion  in  the  furtherance  of  the  effort  to  engraft  the  system  of  normal  schools 
upon  our  institutions  for  education,  through  the  agency  of  the  academies  ; 
strongly  commending  the  district  library  system ;  and  urging  the  indis 
pensable  necessity  of  a  more  thorough  and  efficient  visitation  and  super 
vision  of  our  common  schools. 

By  the  annual  report  of  the  superintendent,  it  appeared  that  the  number 
of  organized  school  districts  in  the  state  was,  at  this  period,  10,583  ;  the 
iiumber  of  children  between  the  ages  of  five  and  sixteen  years,  residing  in 
the  several  districts  from  which  reports  had  been  received,  539,749  ;  and 
the  number  of  children  under  instruction,  528,913  ;  exceeding  by  4,725  the 
number  instructed  the  preceding  year. 

In  reference  to  the  act  of  April,  1838,  appropriating  the  income  of  the  IT. 
S.  Deposit  Fund  to  the  purposes  of  education,  the  Superintendent  ob- 
aerves : 


43 

"  The  acts  of  April  last,  after  making  certain  appropriations  for  the  sup 
port  of  colleges,  academies  and  common  schools,  from  the  income  of  the 
United  States  Deposit  Fund,  provides  that  the  residue  of  that  income  shall 
be  added  annually  to  the  capital  of  the  common  school  fund.  The  income 
of  the  former  fund  will  amount  to  nearly  $260,000  per  annum,  and  the  ap 
propriations  referred  to  amount  to  $208,000,  viz. :  to  the  common  schools,, 
to  be  applied  to  the  payment  of  teachers,  $110,000,  and  $55,000  to  the  pur 
chase  of  school  district  libraries  ;  to  the  literature  fund  $28,000,  and  to 
colleges  $15,000;  leaving  a  balance  of  about  $50,000  to  be  applied  to  the 
increase  of  the  last  mentioned  fund.  Should  this  appropriation  continue 
undisturbed,  the  capital  of  the  common  school  fund  will,  bv  the  year  1850, 
amount  to  about  $3,000,000,  without  any  further  provision  for  its  increase  ; 
as  the  sales  of  lands  belonging  to  it  may  be  expected  to  yield  two  or  three 
hundred  thousand  dollars." 

On  the  subject  of  moral  and  religious  instruction  in  the  several  schools, 
the  Superintendent  has  the  following  sensible  and  judicious  remarks : 

"  However  desirable  it  may  be  to   lay   the   foundation  of  common  school 
education  in  religious   instruction,   the   multiplicity  of  sects   in   this  state 
would  render  the  accomplishment  of  such   an  object  a  work  of  great  diffi 
culty.     In  the  state  of  Massachusetts  it  is  provided   by  law   that  no  school 
books  shall  be  used  in  any  of  the  schools   '  calculated  to  favor  any  religious 
sect.'     In  this  state  no  such  legal  provision  has  been  made  ;  but  the  natural 
desire  of  every  class  of  Christians  to  exclude  'from  the  schools  instruction 
in  the  tenets  of  other  classes  has  led  to  the  disuse,   by  common  consent,  of 
religious  books  of  almost  every  description,   excepting  the   Bible  and  New 
Testament,  which   are  used   in  more   than  one  hundred   towns  as  reading 
books.     The  spirit  of  jealousy  by  which  the  schools  are  surrounded,  regard 
ed  as  they  are  as  most  efficient   instruments   in   the   formation  of  opinions, 
will  probably  render  this  state  of  things  perpetual ;  and  it  is  of  the  greater 
importance,  therefore,  that  moral  instruction  and  training  should  constitute 
a  principal  branch  of  the  system  of  education.     No   teacher   ean  receive  a 
certificate  of  qualification  from  the   inspectors,   unless  they  are  satisfied  as 
to  his  moral  character.     In   this   respect   the  inspectors  cannot  be  too  rigid 
in  their  scrutiny.     A  teacher   whose   moral   sentiments  are  loose,  or  whose 
habits  of  life  are  irregular,  is  an  unfit   instructor   for   the   young,  whatever 
may  be  his  intellectual  acquirements,,  or  his  skill   in  communicating  knowl 
edge.     The  lessons  of  moral  truth  which  are  taught  at  the  domestic  fireside 
and  the  examples  of  moral  rectitude  and  purity  which  are  there  display ed, 
will  be  in  danger  of  losing  all  their  benefit,  if  the  school  room  does  not  re 
inforce  them  by  its  sanctions.     If  neither  the  atmosphere  of  the  familv  cir 
cle,  nor  of  the  school,  is  free  from   impurity,   to   what  other  source  can  the 
young  resort  for  those  principles  of  morality  which  shall  render  their  intel 
lectual  improvement  subservient  to  useful  purposes,   and  without  which  it 
might  become  an  instrument  to  be  wielded  for   the   annoyance  of  their  fel 
lows  and  for  their  own  destruction  ?     Though   moral   principles  may  have 
their  origin  in  the  heart,  it  is  not  to  be  expected   that  their  proper  develop 
ment  can  be  effected  amid  the  perpetual  counteraction  of  hostile  influences. 
Moral  cultivation  should,  therefore,  be  one  of  the  first  objects  of  common 
school  instruction.     The  great  doctrines   of  ethics,   so  far  as  they  concern 
the  practical  rules  of  human  conduct,   receive  the  intuitive  assent  of  all ; 
and  with  them  may  be  combined  instruction  in  those  principles  of  natural 
religion,  which   are  drawn  from   the   observation  of  the   works  of  nature, 
which  address   themselves  with   the  same  certainty  to  the  conviction,  and 
which  carry  to  the  minds  of  all  observers  irresistible   evidence  of  the  wis 
dom,  the  beneficence  and  the  power  of  their  divine  author.     Beyond  this,  it 
is  questionable  whether    instruction  in   matters  of  religious  obligation  can 
be  carried,  excepting  so  far  as  the  school  districts  may  make  the  Bible  and 
New  Testament  class  books ;  and  there  can  be  no  ground  to  apprehend  that 
the  schools  will  be  used  for  the  purpose  of  favoring  any  particular  sect  or 
tenet,  if  these  sacred  writings,  which  are  their  own  safest  interpreters,  ar^ 


44 

read  without  any  other  comment  than  such  as  may  be  necessary  to  explain 
and  enforce,  by  familial-  illustration,  the  lessons  of  duty  which  they 
teach. 

"  In  connexion  with  this  subject,  it  is  highly  gratifying  to  consider  that 
the  religious  institutions  of  the  country,  reaching,  as  they  do,  the  most  se 
questered  neighborhoods,  and  the  sabbath  schools,  which  are  almost  as  wide 
ly  diffused,  afford  ample  means  of  instruction  in  the  principles  and  practice 
of  the  Christian  faith.  In  countries  where  ecclesiastical  affairs  are  the  sub 
ject  of  political  regulation,  there  is  no  difficulty  in  making  religious  instruc 
tion  the  foundation  of  education,  by  arrangements  independent  of  the  ac 
tion  of  those  whom  it  immediately  concerns.  But  the  policy  of  our  law  is 
to  leave  the  subject,  where  it  may  be  most  properly  left,  with  the  officers 
and  inhabitants  of  the  school  districts." 

In  passing  from  the  administration   of  Gen.  Dix  to  that  of  his  successor, 
it  is  scarcely  necessary  to  observe  that  the  exertions   of  the  former,  during 
the  six  years  in  which  the  interests  of  the  common  schools  were  committed 
to  his  charge,  to  elevate  and  expand  the  system  of  popular    education,  were 
unsurpassed  by  any  of  his  predecessors.     The  impress  of  his  clear,  discrim 
inating  and  cultivated  mind,  was  stamped    upon  every  feature  of  that  sys 
tem,  and  the  order,  arrangement  and  harmony  which  pervaded  all  its  parts, 
were  due  not  less  to  the   ceaseless  vigilance   of  its  supervision  than  to  the 
symmetry  and  beauty  of  the  system  itself.     In   1837    Gen.  Dix,  under  the 
authority  of  the  legislature,  'collected   together  and   published  a  volume  of 
the  decisions  of  his  predecessor    and   himself,  embracing   an  exposition  of 
nearly  every  provision  of  the  school  act,  and  establishing,  upon  a  permanent 
basis,  the  principles   of  future  interpretation  and  decision,  in  reference  to 
those  provisions.     The  system  of  district  school  libraries  was  also  organized 
and  put  into  successful  operation  under  his  immediate  auspices  ;  and  to  his 
clear  and  convincing  exposition  of  the  principles   upon  which  this  great  in 
stitution  was  based,  the  ends  it  was  designed  to  subserve,  and  the  objects  it 
was  capable  of  accomplishing,  a  large   share  of  the   success   which  has  at 
tended  its  establishment  thus  far,  is  unquestionably  due. 
Administration  of  JOHN  C.  SPENC  ER — County  Superintendents — 1839  to  1842. 
On  the  4th  of  February,  1889,  the  Hon.  JOHN  C.  SPENCER  was  appointed  secre 
tary   of  state  and    Superintendent   of  Common  Schools.     Deeply  impressed 
with  the  necessity  of  a  more  thorough  and  efficient  supervision  and  inspection 
of  the  several  schools,  his  first  measure  was  to  procure  the.  passage  of  a  law 
authorizing  the   appointment   of  a  County  Board  of  Visitors,  whose  duty  it 
should  be  gratuitously  to  visit  the  common  schools  of  their  county,  and  to  re 
port  to  him  the  results  of  such  examination,  together   with  such  suggestions 
for  the  improvement  of  these  institutions  as  they  might  deem  expedient.  These 
visitors  were  selected  from  among  the  most   intelligent  citizens  of  the  several 
counties,  without  distinction  of  party  ;  and  under  specific  instructions  from  the 
department,  most  of  the  common  schools  of  the  state  were   visited  by  them, 
and  a  mass  of  valuable  information  respecting  their  condition  and  prospects, 
accompanied  by  suggestions  for  their  improvement,  obtained  and  communica 
ted  to  the  legislature.     With  great  unanimity  the  plan  of  a  county  supervision 
through  the  "medium  of  an  officer  to  be  appointed  either  by  the  Superintend 
ent  or  by  some  local  board,  was  urged  upon  the  department  and  the  legisla 
ture  ;  and  under  the  strong  recommendation  of  the  Superintendent,  backed  by 
the  exertions  of  several  of  the  most  eminent   friends   of  popular   education, 
among  whom  may  be  enumerated  the  Hon.  JABEZ  D.  HAMMOND,  who  as  early 
as  1835  had  given  to  the  public  the  details  of  a  plan   essentially  similar;    the 
Rev.  Dr.    WHITEHOUSE,   of  Rochester;  P'RANCIS    D  WIGHT,  Esq  ,  editor  of    the 
District  School  Journal,  then  of  Geneva  ;  Professor  POTTER,  of  Union  College, 
and  JAMES  WADSWORTH,  Esq.,  of  Geneseo,  this   project  became,  in    1841,  by 
the  nearly  unanimous  action  of  the   legislature,  incorporated  with  our  system 
of  common  schools. 

In  his  message  at  the  opening  of  the  session  of  1840,  Gov.  Seward  thus  ad 
verts  to  the  subject  of  elementary  education  : 


45 

"Although  our  system  of  public  education  is  well  endowed,  and  has  been 
eminently  successful,  there  is  yet  occasion  for  the  benevolent  and  enlightened 
action  of  the  legislature.  The  advantages  of  education  ought  to  be  secured  to 
many,  especially  in  our  large  cities,  whom  orphanage,  tht-  depravity  of  parents 
or  some  form  of  accident  or  misfortune  seems  to  have  doomed  to  hopeless  pov 
erty  and  ignorance.  Their  intellects  are  as  susceptible  of  expansion,  of  im 
provement,  of  refinement,  of  elevation  and  of  direction,  as  those  minds  which, 
.through  the  favor  of  Providence,  are  permitted  to  develop  themselves  under 
the  influence  of  better  fortunes ;  they  inherit  the  common  lot  to  struggle 
against  temptations,  necessities  and -vices  ;  they  are  to  assume  the  same  domes 
tic,  social  and  political  relations,  and  they  are  born  to  the  same  ultimate  des 
tiny. 

"  The  children  of  foreigners,  found  in  great  numbers  in  our  populous  cities 
and  towns,  and  in  the  vicinity  of  our  public  works,  are  too  often  deprived  of 
the  advantages  of  our  system  of  public  education,  in  consequences  of  preju 
dices  arising  from  difference  of  language  or  religion.  It  ought  never  to  be 
forgotten,  that  the  public  welfare  is  as  deeply  concerned  in  their  education  as 
in  that  of  our  own  children.  I  do  not  hesitate,  therefore,  to  recommend  the 
establishment  of  schools  in  which  they  may  be  instructed  by  teachers  speaking 
the  same  language  with  themselves,  "and  professing  the  same  faith.  There 
would  be  no  inequality  in  such  a  measure,  since  it  happens  from  the  force  of 
circumstauces,  if  not  from  choice,  that  the  respon-ibilities  of  education  are,  in 
most  instances,  confided  by  us  to  native  citizens,  and  occasions  seldom  offer  for 
n.  trial  of  our  magnanimity,  by  committing  that  trust  to  persons  differing  from 
ourselves  in  language  or  religion.  Since  we  have  opened  our  country  and  all 
ita  fulness  to  the  oppressed  of  every  nation,  we  shall  evince  wisdom  equal 
to  such  generosity  by  qualifying  their  children  for  the  high  responsibilities  of 
citizenship." 

From  the  annual  report  of  the  Superintendent  it  appeared  that  the  whole 
number  of  organized  school  districts  in  the  state  was  10,706  ;  the  number  of 
children  between  the  ages  of  five  and  sixteen,  residing  in  the  several  districts 
from  which  reports  had  been  received,  664,790,  and  the  number  of  children 
taught  during  the  year  reported,  557,229 — showing  an  increase  of  28,816  over 
the  preceding  year. 

On  the  13th  of  April,  1840,  the  Superintendent  transmitted  to  the  legisla 
ture  the  reports  of  the  several  Visitors  of  Common  Schools  appointed  by  him 
under  the  act  of  the  preceding  session,  accompaui«d  by  a  condensed  abstract 
of  their  views  and  suggestions,  together  with  a  full  exposition  of  his  own,  in 
reference  to  the  various  proposed  improvements  and  modifications  of  the  sys 
tem.  In  relation  to  the  inspection  of  the  schools  the  Superintendent  ob- 
eervea: 

"  It  has  already  been  shown  to  the  legislature,  from  the  official  returns,  thai 
at  least  one  half  of  all  the  schools  in  the  state  are  not  visited  at  all  by  the 
inspectors.  The  reports  of  the  Visitors  show  that  the  examinations  of  the  in 
spectors  are  slight  and  superficial,  and  that  no  benefit  is  derived  from  them. 
Many  of  the  Boards  unhesitatingly  recommend  the  abolition  of  the  office." 
"  The  Superintendent  is  constrained  to  express  his  concurrence  in  the  opinion 
expressed  by  several  of  the  boards  of  visitors,  that  the  office  of  town  inspector 
of  schools  is  unnecessary,  and  rather  an  incumbrance  on  the  administration  of 
the  system."  He  recommends  the  appointment  of-  Deputy  Superintendents 
of  common  schools  for  each  county  and  expatiates  upon  the  signal  advantage 
to  be  secured  to  the  interests  of  the  common  schools  by  the  adoption  of  a 
system  of  visitation  at  once  so  comprehensive  and  efficient.  He  dissents  from 
the  views  of  the  visitors  in  reference  to  the  expediency  of  establishing  normal 
schools  in  each  county  for  the  instruction  of  teachers ;  being  of  the  opinion 
that,  the  existing  system  of  academical  departments  for  this  purpose  was  pre 
ferable  ;  and  he  accordingly  concurs  in  the  recommendation  of  his  predecessor 
to  increase  the  number  of  those  departments.  He  strongly  urges  the  estab 
lishment,  under  the  patronage  of  the  state,  of  a  journal  to  be  exclusively  de- 
yoted  to  the  promotion  of  education ;  the  attainment;  if  practicable,  through 


46 

the  Organization  of  some  general  society  of  an  uniformity  of  text  books  for 
the  use  of  schools  ;  some  adequate  provision  for  the  vaccination  of  children  at 
tending  the  common  schools  ;  the  introduction  of  vocal  music  as  a  branch  of 
elementary  instruction  ;  the  extension  of  the  official  term  of  office  of  the  trus 
tees  of  the  several  districts,  and  of  commissioners  of  common  schools,  ard  the 
election  of  one  annually:  the  voluntary  organization  of  county  boards  of  edu 
cation,  and  of  town,  county  and  state  associations  for  the  improvement  of 
common  school  education ;  the  establishment  in  cities  and  populous  places  of 
schools  of  different  grades  under  the  charge  of  a  local  Superintendent;  and  the 
denial  of  costs  to  plaintiffs  in  suit  commenced  against  school  officers  in  cases 
where  the  court  shall  certify  that  the  act  complained  of  was  performed  in 
good  faith  and  in  the  discharge  of  official  duty. 

On  the  subject  of  the  proper  preparation  of  teachers  for  the  common  schools, 
the  Superintendent  holds  the  following  language  : 

"  The  common  school  system  of  the  state  is  comparatively  of  recent  origin. 
The  first  law  authorizing  the  establishment  of  common  schools  was  passed 
about  26  years  ago.  In  the  management  of  the  pecuniary  and  economical 
affairs  of  the  districts  there  is  nothing  to  be  desired.  Greater  regularity  in 
the  administration  of  this  part  of  the  system  cannot  well  be  fancied.  But  its 
defects  become  apparent  the  moment  we  enter  the  schools.  All  these  defects 
centre  in  a  common  deficiency  under  which  the  Russian  schools  languished  so 
long — the  want  of  efficient  and  well  qualified  teachers.  One  of  the  principal 
improvemements  which  have  occupied  the  attention  of  the  legislature  and  the 
friends  of  education  during  the  last  six  years  has  been  to  supply  this  defect ; 
but  in  the  pursuit  of  this  common  objeet  some  diversity  of  opinion  has  pre 
vailed  with  regard  to  the  measures  best  calculated  to  accomplish  it.  Some 
distinguished  advocates  of  the  cause  of  popular  education  (and  among  these 
are  found  several  of  the  chief  magistrates  of  the  state)  have  recommended  the 
establishment  of  teachers'  seminaries  on  the  Prussian  plan.  The  prevailing 
opinion,  however,  has  been  in  favor  of  departments  for  the  education  of  teach 
ers,  engrafted  upon  the  incorporated  academies  of  the  state,  with  such  en 
dowments  as  to  render  them  adequate  to  the  object  in  view." 

"  Although  the  proper  objects  of  popular  instruction  are  better  understood 
than  they  have  been  at  any  previous  time,  the  importance  of  the  reform  now 
in  progress  is  not,  perhaps,  so  generally  appreciated  as  it  deserves  to  be.  It  is 
but  a  few  years  since  common  school  instruction  was  ordinarily  limited  to  a 
knowledge  of  reading,  writing  and  arithmetic.  The  acquisitions  which  are  now 
regarded  as  the  means  of  education,  were  then  sought  as  its  objects  and  end. — 
No  plan  of  education  can  now  be  considered  complete,  which  does  not  embrace 
a  full  development  of  the  intellectual  faculties ,  a  systematic  and  careful  disci 
pline  of  the  moral  feelings,  and  a  preparation  of  the  pupil  for  the  social  and 
political  relations  which  he  is  destined  to  sustain  in  manhood.  It  must  be  con 
ceded  that  the  standard  of  common  school  education  in  this  state  falls  far  short 
of  the  attainment  of  these  objects.  But  the  aim  of  its  friends  is  to  introduce 
into  the  established  system  such  improvements  as  shall  ultimately  secure  their 
accomplishment.  Is  this  a  visionary  hope  ?  Those  who  are  most  familiar  with 
the  practical  workings  of  the  system,  believe  that  it  is  not.  The  whole  reform 
will  be  accomplished  by  furnishing  each  school  district  with  a  competent  teach 
er.  The  application  of  the  remedy  is  certainly  surrounded  with  difficulties.  It 
must  be  accomplished  by  the  gradual  progress  and  influence  of  opinion.  The 
Prussian  system  not  only  prepares  the  teachers,  but  compels  the  school  districts 
to  employ  them.  Our  whole  system  proceeds  upon  the  principle  of  accomplish 
ing  by  persuasion  what  the  Prussian  effects  by  force." 

"  There  is  reason  to  hope  and  believe  that  opinion  will  gradually  accomplish 
'what  it  seems  difficult,  if  not  impossible,  to  secure  by  compulsory  measures. — 
No  people  are  more  quick  sighted  as  to  their  true  interests  than  the  inhabitants 
Of  this  state.  They  cannot  fail  to  see  that  the  education  of  their  children  will 
be  best  secured  by  employing  competent  teachers,  and  that  the  avenues  to 
wealth  and  distinction,  though  open  to  all,  are  beset  with  difficulties  for  those 
wjao  enter  them  without -the  mental  preparation  which  is  necessary  to  enable 


47 

them  to  contend  successfully  against  more  favored  competitors.  These  convic 
tions  may  and  doubtless  will  be,  the  fruit  of  time ;  for  they  are  to  take  the 
place  of  long  established  opinions,  which  are  not  often  hastily  eradicated.  The 
reform  of  the  Prussian  system,  as  has  already  been  observed,  was  gradual. — 
The  teachers'  seminaries  were,  for  many  years,  few  in  number,  and  were  alto 
gether  inadequate  to  supply  the  schools.  Our  departments  for  the  education  of 
teachers  have  been  in  operation  but  little  more  than  three  years  ;  and  there  is 
certainly  much  ground  for  encouragement  in  the  fact  that  the  demands  of  the 
school  districts  upon  these  departments,  for  teachers,  have  been  greater  than 
they  have  been  able  to  supply." 

In  reference  to  the  plan  of  county  supervision  through  the  medium  of  local 
superintendents,  he  observes  :  "  A  regular  supervision  is  indispensable  to  the 
success  of  every  public  or  private  undertaking.  There  is  not  a  department  of 
the  government  which  is  not  subject  to  some  direct  and  immediate  control,  and 
no  individual  appoints  an  agent  for  the  management  of  any  business,  without 
reserving  and  exercising  a  superintendence  over  him.  Conscious  of  the  abso 
lute  necessity  of  such  a  provision  in  the  common  school  system,  the  framers  of 
the  law  endeavored  to  secure  it  by  the  election  of  town  inspectors.  But  the  ob 
ject  has  not  been  obtained.  The  official  reports  show  to  what  extent  even  the  duty 
of  simple  visitation  has  been  neglected.  And  when  the  nature  of  these  visita 
tions  is  considered,  it  will  be  obvious  that  if  they  were  as  frequent  as  might  be 
desired,  they  could  not  accomplish  the  great  purpose  in  view.  To  be  of  any 
avail,  the  inspection  of  schools  must  be  conducted  by  those  who  are  competent 
to  judge  of  the  qualifications  of  the  teacher,  and  of  the  progress  of  the  pupils, 
by  examinations  in  the  different  studies  pursued,  and  to  suggest  such  improve 
ments  and  modifications  as  will  enable  the  student  to  derive  the  greatest  amount 
of  benefit  from  the  schools.  And  time  must  be  devoted  not  only  to  the  schools 
and  their  masters,  but  to  the  trustees  and  inhabitants."  "  All  writers  on  pub 
lic  education  concur  in  the  unanimous  and  decided  opinion,  that  effectual  in 
spection  and  supervision  are  more  essential  to  the  proper  management  of 
schools,  and  more  indispensable  to  their  improvement  than  any  other  agency  or 
all  other  agencies  combined ;  and  the  Superintendent  does  not  hesitate  to  ex 
press  his  conviction  that  until  they  are  provided,  all  efforts  to  improve  the  con 
dition  of  the  schools,  to  extend  the  range  and  elevate  the  character  of  the  in 
struction  in  them,  will  be  utterly  hopeless.  M.  Cousin,  the  celebrated  author 
on  popular  education,  attributes  the  success  of  the  schools  in  Holland  almost  en- 
irely  to  the  constant  and  unremitting  inspection  to  which  they  are  continually 
subjected,  and  demonstrates  that  wherever  schools  have  failed,  in  other  countries, 
to  meet  the  public  expectation  in  the  degree  and  amount  of  instruction,  it  has 
been  owing  to  the  want  of  such  supervision." 

On  the  Ifith  of  April,  JOHN  A.  KINO,  Esq.,  from  the  committee  on  colleges, 
academies  and  common  schools,  of  the  assembly,  submitted  an  elaborate  re 
port,  accompanied  by  a  bill  embracing  substantially  the  improvements  and 
modifications  of  the  system  recommended  by  the  Superintendent.  This  bill 
passed  the  assembly  on  the  1 2th  of  May  subsequently,  by  a  vote  of  fifty-eight 
to  forty-seven  ;  but  no  definitive  action  Avas  had  upon  it  in  the  senate,  for  want 
of  time. 

The  following  are  extracts  from  the  message  of  Gov.  Seward,  at  the  opening 
of  the  session  of  1841 : 

"  The  number  of  children  attending  the  common  schools  is  about  570,000  ; 
and  the  whole  number  of  children  between  five  and  sixteen  years  of  age,  as 
nearly  as  can  be  ascertained,  is  about  600,000.  There  are  about  eleven  thou 
sand  common  school  districts  in  the  state,  in  all  of  which  schools  are  maintain 
ed  during  an  average  period  of  eight  months  in  the  year.  Of  these  school 
districts  there  are  very  few  which  have  not  complied  with  the  act  providing 
for  the  establishment  of  school  district  libraries.  *  *  *  Although  an 
injudicious  choice  of  books  is  sometimes  made,  these  libraries  generally 
include  history  and  biography,  voyages  and  travels,  works  on  natural  history 
and  the  physical  sciences,  treatises  upon  agriculture,  commerce,  manufactures 
and  the  arts,  and  judicious  selections  from  modern  literature.  Henceforth  no 


citizen,  who  shall  have  improved  the  advantages  offered  by  our  common 
schools  and  the  district  libraries,  will  be  without  some  scientific  knowledge  of 
the  earth,  its  physical  condition  and  its  phenomena,  the  animals  that  inhabit 
'  it,  the  vegetables  that  clothe  it  with  verdure,  and  the  minerals  under  its  sur 
face  ;  the  physiology  and  the  intellectual  powers  of  man  ;  the  laws  of  mechan 
ics  and  their  practical  uses ;  those  of  cllemistry  and  their  application  to  the 
arts,  the  principles  of  "moral  and  political  economy;  the  history  of  nations, 
and  especially  that  of  our  own  country  ;  the  progress  and  triumph  of  the 
democratic  principle  in  the  governments  on  this  continent,  and  the  prospects 
of  its  ascendency  throughout  the  world ;  the  trials  and  faith,  valor  and  con 
stancy  of  our  ancestors  ;  with  all  the  inspiring  examples  of  benevolence,  vir 
tue  and  patriotism,  exhibited  in  the  lives  of  the  benefactors  of  mankind. 
The  fruits  of  this  enlightened  and  beneficent  enterprise  are  chiefly  to  be  gath 
ered  by  our  successors.  But  the  present  generation  will  not  be  altogether 
unrewarded.  Although  many  of  our  citizens  may  pass  the  district  library, 
heedless  of  the  treasures  it  contains,  the  unpretending  volumes  will  find  their 
way  to  the  fireside,  diifusing  knowledge,  increasing  domestic  happiness,  and 
promoting  public  virtue." 

"  Wh(.jn  the  census  of  1850  shall  be  taken,  I  trust  it  will  show,  that  within 
the  borders  of  the  state  of  New  York,  there  is  no  child  of  sufficient   years 
who  is  unable  to  read  and  write.     I  am  sure  it  will  then  be  acknowledged, 
that  when  ten  years  before,  there  were  thirty  thousand  children  growing  vfp 
in  ignorance  and  vice,  a  suggestion  to  seek  them,  wherever  found,  and  win 
them  to  the   ways  of  knowledge,  and  virtue   by  pursuasion,  sympathy  and 
kindness,  was  prompted  by  a  sincere  desire  for  the  common  good.     1  have  no 
pride  of  opinion  concerning  the  manner  in  which  the  education  of  those  whom 
I  have  brought  to  your  notice  shall  be  secured  ;  although  I  might  derive  satis 
faction  from  the  reflection,  that  amid    abundant   misrepresentations  of  the 
method  suggested, no  one  has  contended  that  it  wrould  be  ineffectual,  nor  has 
any  other  plan  been  proposed.     I  observe,  on  the  contrary,  with  deep  regret, 
that  the  evil  remains  as  before  ,  and  the  question  recurs  not  merely  how,  or 
by  whom  shall  instruction  be  given,  but  whether  it  shall  be  given  at  all,  or  be 
altogether  withheld     Others  may  be  content  with  a  system-  that  erects  free 
Hchools,  and  offers  gratuitous  instruction ;   but  1  trust  I  f-hall  be  allowed  to 
entertain  the  opinion,  that  no  system  is  perfect  that  does  not  accomplish  what 
it  proposes  ;  that  our  system  is  therefore  deficient  in  comprehensiveness,  in  the 
exact   proportion  of  the  children  that  it  leaves  uneducated  ;  that  knowledge, 
however  acquired  is  better  than  ignorance  ;  and  that  neither  error,  accident,  nor 
prejudice,  ought  to  be  permitted  to  deprive  the  state  of  the  education  of  her 
citizens.     Cherishing  such  opinions,  I  could  not  enjoy  the  consciousness  of  having 
discharged  my  duty,  if  any  effort  had  been  omitted   which  was  calculated  to 
bring  within  the  schools  all  who  are  destined  to  exercise  the  rights  of  citizen 
ship  ;  nor  shall  I  feel  that  the  system  is  perfect,  or  liberty  safe,  until  that  object 
be  accomplished.     Not  personally   concerned  about  such  misapprehensions  as 
have  arisen,  but  desirous  to  remove  every  obstacle  to  the  accomplishment  of  so 
important  an  object,  I  very  freely  declare,  that  I  seek  the  education  of  those 
whom  I  have  brought  before  you,  not  to  perpetuate  any  prejudices  or  distinc-   • 
tions  which  deprive  them  of  instruction,  but  in  disregard  of  all  such  distinctions 
and  prejudices.  .  I  solicit  their  education  less  from  sympathy  than  because  the 
welfare  of  the  state  demands  it,   and  cannot  dispense  with  it.     As  native  citi 
zens  they  are  born,  to  the  right  of  suffrage.     I  ask  that  they  may  at  least  be 
taught  to  re  id  and  write  ;  and  in  asking  this,  I  require  no  more  for  them  than  I 
have  diiligently  endeavored  to  secure  to  the  inmates  of  our  penitentiaries,  who 
forfeited  that  inestimable  franchise  by  crime  ;  and  also  to  an  unfortunate  race, 
which  having  been  plunged  by  us  into  degradation  and  ignorance,  has  been  ex 
cluded  from  the  franchise  by  an  arbitrary  property  qualification  incongruous 
with  all  our  institutions.    I  have  not  recommended,  nor  do  I  seek,  the  education 
of  any  class  in  foreign  languages,  or  in  particular  creeds  or  faiths  ;  but  fully  be 
lieving,  with  the  author  of  the  Declaration  of   Independence,  that  even  error 
may  be  safely  tolerated  where  reason  is  left  free  to  combat  it,  and  therefore 


49 

indulging  no  apprehensions  from  the  influence  of  any  language  or  creed  among 
an  enlightened  people,  I  desire  the  education  of  the  entire  rising  generation  in 
all  the  elements  of  knowledge  we  possess,  and  in  that  tongue  which  is  the  uni 
versal  language  of  our  countrymen.  To  me,  the  most  interesting  of  all  our  re 
publican  iustitutions  is  the  common  school.  I  seek  not  to  disturb,  in  any  man 
ner,  its  peaceful  and  assiduous  exercises,  and  least  of  all  with  contentions  about 
faith  or  forms.  I  desire  the  education  of  all  the  children  in  the  commonwealth 
in  morality  and  virtue,  leaving  matters  of  conscience  where,  according  to  the 
principles  of  civil  and  religious  liberty  established  by  our  constitution  and  laws, 
they  rightfully  belong." 

In  his  annual  report  for  the  present  year,  the  Superintendent  strongly  urges 
the  continuance  of  the  departments  for  the  instruction  of  teachers  connected 
with  the  academies,  and  the  increase  of  the  number  of  the  institutions  requir 
ed  to  maintain  such  departments.  "  Normal  Schools,"  he  observes,  "  which 
are  so  strongly  urged  by  some,  must,  after  all,  be  essentially  like  these  depart 
ments  and  the  academies  in  which  they  are  established.  There  must  be  a 
board  of  managers  or  trustees,  teachers,  a  building,  books  and  apparatus. 
These  are  already  furnished  by  the  existing  academic!?,  and  there  can  be  no  in 
trinsic  defect  in  them  which  should  prevent  their  being  made  as  useful  as  any 
normal  schools.  The  change  of  name  will  not  change  the  real  nature  of  the 
institution.  The  sum  of  money  which  would  be  requisite  to  purchase  ground, 
erect  buildings  for  one  normal  school,  and  fit  them  for  the  purpose,  would  ena 
ble  at  least  ten  academies  to  maintain  similar  schools  in  buildings  already  pre 
pared,  and  under  managers  already  organized.  The  Superintendent  does  not 
mean  to  under-rate  those  schools,  nor  to  depreciate  the  benevolent  motives  of 
those  who  recommend  them.  He  acknowledges,  and  indeed  earnestly  urges, 
the  inestimable  value  and  absolute  necessity  of  institutions  in  which  our  youth 
may  be  prepared  for  the  business  of  teaching.  But  he  would  use  the  means 
we  already  have  at  hand  for  the  purpose  without  incurring  what  seems  to  him 
the  needless  expense  of  providing  others  of  a  similar  character.  He  would 
respectfully  recommend  the  extension  of  the  public  patronage  to  all  the  acad 
emies  in  the  state,  to  enable  them  to  establish  teachers'  departments,  and  in 
those  counties  where  there  are  no  academies,  the  establishment  of  normal 
schools.  For  the  latter  purpose  there  might  be  a  provision ,  authorizing  the 
boards  of  supervisors  in  such  counties  to  raise  the  necessary  sums  to  procure 
suitable  grounds  and  erect  proper  buildings ;  and  upon  their  being  completed- 
appropriating  from  the  funds  of  the  state  a  sufficient  sum  to  employ  compe 
tent  teachers."  He,  however,  remarks  in  conclusion,  "One  model  school  or 
more  might  be  advantageously  established  in  some  central  part  of  the  state, 
to  which  teachers  and  those  intending  to  become  such  might  repair,  to  acquire 
the  best  methods  of  conducting  our  common  schools." 

Professor  POTTER,  of  Union  College,  who,  at  the  request  of  the  department, 
had  visited  and  personally  inspected  during  the  year  1 840,several  of  the  teachers' 
departments  connected  with  the  academies,  submitted  a  very  able  report  of  the 
result  of  his  examination  closing  with  the  following  suggestion  :  "  I  would  sug 
gest  whether  some  means  might  not  be  adopted  for  training  a  class  of  teach 
ers  with  more  especial  reference  to  country  common  schools,  and  to  primary 
schools  in  villages  and  cities — teachers  whose  attainments  should  not  extend 
much  beyond  the  common  English  branches,  but  whose  minds  should  be  awak 
ened  by  proper  influences — who  should  be  made  familiar  by  practice  with  the 
best  modes  of  teaching,  and  who  should  come  under  strong  obligations  to  teach 
for  at  least  two  or  three  years.  In  Prussia  and  France  normal  schools  are  sup 
ported  at  the  public  expense  ;  most  of  the  pupils  receive  both  board  and  tuition 
gratuitously  ;  but  at  the  close  of  the  course  they  give  bonds  to  refund  the 
whole  amount  received,  unless  they  teach,  under  the  direction  of  the  govern 
ment,  for  a  certain  number  of  years.  That  such  schools,  devoted  exclusively 
to  the  preparation  of  teachers,  have  some  advantages  over  any  other  method,  is 
sufficiently  apparent  from  the  experience  of  other  nations  ;  and  it  has  occurred 
to  me  that  as  a  supplementary  to  our  present  system,  the  establishment  of  one  in 
this  state  might  be  eminently  useful.  If  placed  under  proper  auspices,  and  lo- 


50 

eated  near  the  capitol,  where  it  could  enjoy  the  supervision  of  the  Superintend 
ent  of  Common  Schools,  and  be  visited  by  the  members  of  the  legislature,  it 
might  contribute  in  many  ways  to  raise  the  tone  of  instruction  throughout  the 
state." 

The  Superintendent  renewed  his  recommendation  of  such  a  modification  of 
the  common  school  system,,  as  was  suggested  in  his  report  of  the  preceding 
year.  He  contrasts  the  present  situation  of  the  schools  with  their  condition 
in  1815,  the  number  of  organized  and  reporting  districts  having  increased  from 
2,631  to  10,397  ;  the  number  of  children  instructed  from  140,706  to  572,995  ; 
and  the  amount  paid  from  the  treasury  towards  defraying  the  compensation  of 
teachers  from  $46,898  to  $220,000 ;  and  after  referring  to  the  fact  that  $z75,- 
000  were  annually  distributed  in  taxes,  and  nearly  $500,000  on  rate-bills,  for 
the  support  of  the  schools,  observes,  "  A  people  who  have  thus  freely  expend 
ed  their  money  and  appropriated  their  private  means  for  the  education  of  their 
children,  to  an  amount  nearly  double  the  expense  of  administering  the  govern 
ment  cannot  with  any  truth  or  justice,  be  said  to  be  indifferent  to  the  subject. 
And  when  we  find  thirty  thousand  trustees  of  school  districts  gratuitously  ren 
dering  their  services,  and  making  their  returns  with  order,  regularity  and 
promptitude,  we  ought  not  to  deny  their  appreciation  of  the  value  of  the  labor 
in  which  they  engage,  nor  their  merit  in  performing  it.  It  is  no  slight  proof 
of  the  value  of  a  system  which  is  thus  administered  without  compulsion.  Its 
fruits  are  seen  in  the  education  of  one -fourth  of  an  entire  population,  and  of 
nearly  every  child  of  a  proper  age  for  the  primary  schools ;  in  the  advance  of 
the  wages  paid  to  teachers,  a  clear  indication  that  a  higher  degree  of  talent  is 
employed  and  appreciated ;  and  in  the  interest  almost  universally  excited  among 
onr  fellow-citizens  of  every  class,  in  the  success  of  the  effort.  Still,  like  every 
other  human  institution,  it  is  susceptible  of  constant  improvement.  This  is  not 
to  be  accomplished  by  sudden  changes  which  derange  the  machinery,  and  which, 
when  effected,  will  probably  be  found  to  require  alteration;  and  least  of  all  by 
those  schemes  which  are  so  comprehensive  as  to  be  incapable  of  practical  exe 
cution.  Amendments,  when  experience  has  indicated  their  necessity,  may  be 
gradually  incorporated  in  the  system,  without  obstructing  it.  And  the  intro 
duction  of  new  elements  to  aid,  invigorate  and  sustain  what  we  have,  and  in 
keeping  with  it,  will  be  more  likely  to  accomplish  their  purpose  than  if  they 
were  antagonistic  to  what  is  already  established." 

Un  the  26th  of  May,  1 841,  the  legislature,  by  a  nearly  unanimous  vote,  pas 
sed  the  act  drawn  up  by  Mr.  Spencer,  and  reported  by  the  literature  commit 
tees  of  the  two  houses,  providing  for  the  appointment  by  the  board  of  super 
visors  of  each  county,  biennially,  of  a  County  Superintendent  of  common  schools, 
charged  with  the  general  supervision  of  the  interests  of  the  several  schools  un 
der  his  jurisdiction.  The  various  powers,  functions  and  duties  of  this  officer, 
will  hereafter  be  more  particularly  adverted  to.  The  number  of  town  inspect 
ors  of  schools  was  reduced  to  two;  the  qualifications  of  voters  at  school  district 
meetings,  specifically  defined  ;  provisions  made  for  the  establishment  of  schools 
for  the  instruction  of  colored  children  ;  a  subscription  for  so  many  copies  of  a 
monthly  periodical  exclusively  devoted  to  the  cause  of  education,  as  should 
supply  each  district  in  the  state,  authorized ;  and  various  minor_amendrnentg  iu 
the  details  of  the  system  made. 

Under  this  act,  County  Superintendents  were  appointed  in  the  various  coun 
ties  of  the  state  ;  and  under  full  and  ample  instructions  from  the  Superintend 
ent,  entered  in  the  succeeding  winter  upon  the  discharge  of  their  official  duties. 
S.  S.  RANDALL,  then  a  clerk  in  the  department,  was  appointed  by  Mr.  Spencer, 
general  Deputy  Superintendent,  in  accordance  with  one  of  the  provisions  of 
the  act. 

By  an  ordinance  of  the  Regents  of  the  University,  of  the  4th  of  May,  1841, 
the  sum  of  $300  was  directed  to  be  annually  apportioned  to  two  academies  in 
each  of  the  Senate  districts,  for  the  maintenance  of  the  departments  for  the 
education  of  teachers  of  common  schools  ;  in  addition  to  which  seven  other  ac 
ademies  were  provided  with  similar  departments,  under  the  act  of  1838,  requi 
ring  their  establishment  in  every  institution  receiving  a  share  of  the  Literature 


51 

fund  equal  to  $700  per  annum.  In  October  of  this  year  Mr.  Spencer  was 
transferred  to  a  seat  in  the  Cabinet,  as  Secretary  of  War  ;  and  by  a  provision 
in  the  act  of  1841,  above  referred  to,  the  duties  of  Superintendent  of  Common 
Schools  devolved  upon  his  general  deputy,  until  the  vacancy  was  filled  by  the 
legislature  in  the  month  of  February  ensuing. 

Of  the  energy,  ability  and  transcendent  success  with  which  the  brief  admin 
istration  of  Mr.  SPENCKR  was  conducted,  it  would  be  superfluous  here  to  speak. 
The  value  and  importance  of  the  reform  effected  under  "his  auspices,  and  chief 


ly  through  his  indefatigable  exertions,  in  the  system  of  common  schools,  by 
the  adoption  of  the  plan  of  local  supervision  through  the  agency  of  County 
Superintendents,  will  be  best  appreciated  by  the  fact  that  every  successive 


legislature  since  convened,  through  every  mutation  of  party,  has,  with  unex 
ampled  unanimity,  sanctioned  and  sustained  the  system  so  devised  and  matur 
ed  :  that  the  practical  operation  of  that  system  has  immeasurably  elevated 
the  condition  of  the  common  schools  throughout  the  state,  advanced  the  stand 
ard  of  popular  educatiou,  enlisted  the  efficient  co-operation  of  an  enlightened 
public  sentiment,  and  laid  the  foundations  for  that  universal  diffusion  of  know 
ledge,  which  under  the  guidance  of  sound  moral  and  religious  principles,  is 
destined  to  sustain,  and  we  would  fain  hope ,  to  perpetuate,  the  fabric  of  our 
free  institutions. 

On  the  5th  of  January,  1842,  the  acting  Superintendent,  (S.  S.  RANDALL) 
transmitted  to  the  legislature  the  annual  report  required  from  the  department, 
from  which  it  appeared  that  the  whole  number  of  school  districts  in  the  state 
was  10,886  ;  the  number  of  children  between  the  ages  of  five  and  sixteen,  resi 
ding  in  the  several  districts  from  which  reports  had  been  received  (exclusive  of 
the  city  of  New  York,)  583,347,  and  the  number  of  children  under  instruction 
603,583,  being  an  increase  of  31J,588  over  that  of  the  preceding  year. 

Administration  of  SAMUEL  YOUNG — Town  Superintendents,  Normal  School 

and  Teachers'  Institutes— 4842  to  1846. 

On  the  7th  of  February  succeeding,  the  Hon.  SAMUEL  YOUNG,  of  Saratoga,  wa  & 
appointed  Secretary  of  State  and  Superintendent  of  Common  Schools  ;  and  in 
May  following  he  met  the  several  county  superintendents  in  convention  at 
Utica,  and  possessed  himself  of  a  thorough  acquaintance  with  the  deta:ls  and 
practical  operations  of  the  system  whch  he  had  been  called  upon  to  supervise. 
In  his  first  annual  report,  (Jan  12,  1843)  he  recommended  the  reduction  of 
the  academical  'department*  for  the  education  of  teachers  of  common  schools 
to  four,  and  the  appropriation  of  a  sufficient  sum  to  establish  and  maintain  a 
normal  school  at  the  seat  of  government,  where  it  might  be  subjected  to  the 
immediate  supervision  as  well  of  the  department  as  of  the  representativeeof 
the  people  during  the  sessions  of  the  legislature  ;  the  abolition  of  the  offices  of 
commissioner  and  inspector  of  common  schools,  and  the  substitution  of  a  town 
superintendent ;  the  extension  of  the  official  term  of  trustees  of  school  districts 
to  three  years,  one  to  bu  elected  annually;  the  vesting  of  appellate  powers  in 
the  first  instance  in  the  several  county  superintendents  ;  the  perpetuation  of  the 
district  library  system,  with  suitable  modifications  and  restrictions,  and  various 
other  incidental  and  minor  reforms  of  the  system :  most  of  which,  with  the  ex 
ception  of  that  portion  relating  to  a  normal  school,  in  pursuance  of  his  sugges 
tions,  an  I  on  an  able  and  argumentative  report  from  Mr.  HULBUUD,  of  St.  Law 
rence,  chairman  of  the  committee  on  colleges,  academies  and  common  schools,  of 
the  assembly,  were  incorporated  by  the  legislature  in  the  act  of  April  16,  1843. 
At  this  period  the  number  of  school  districts  had  attained  the  number  of  10,893  ; 
the  number  of  children  between  5  and  1  6,  residing  in  the  several  reporting  dis 
tricts,  was  6  Jl,765,  and  the  whole  number  under  instruction  598,749.  The  Su 
perintendent  acknowledges  a  "  decided  predisposition  "  on  his  accession  to  of 
fice,  ''toexetcise  whatever  influence  he  might  possess"  for  the  abolition  of 
the  system  of  county  supervision.  But  after  attending  the  convention  of  coun 
ty  superintendents,  and  possessing  himself  of  a  thorough  acquaintance  with  the 
previous  defects  and  present  advantages  of  that  system,  he  thus  sums  up  the 
conclusions  to  which  he  had  arrived  : 


52 

"  Deputy  Superintendents  properly  qualified  for  the  discharge  of  their  func 
tions,  possessing  a  competent  knowledge  of  the  moral,  intellectual,  and  physi 
cal  sciences,  familiar  with  all  the  modern  improvements  in  elementary  instruc 
tion,  and  earnestly  intent  on  elevating  the  condition  of  our  common  schools, 
can  do  much  more  to  accomplish  this  desirable  result,  than  all  the  other  offi 
cers  connected  with  the  system.  Acting  on  a  broader  theatre,  they  can  per 
form  more  efficiently  all  that  supervision  which  has  heretofore  been  so  deplora 
bly  neglected,  or  badly  executed.  The  system  of  deputy  superintendents  is 
capable  of  securing,  and  can  be  made  to  secure,  the  following  objects  : 

"  It  can  produce  a  complete  and  efficient  supervision  of  all  the  schools  of  the 
state,  in  reference  as  well  as  to  their  internal  management,  as  to  their  external 
details : 

"  It  can  be  made  to  unite  all  the  schools  of  the  state  into  one  great  system  ; 
making  the  advancement  of  each  the  ambition  of  all ;  furnishing  each  with  the 
means  of  attaining  the  highest  standard  of  practical  excellence,  by  communica 
ting  to  it  every  improvement  discovered  or  suggested  in  every  or  any  of  the 
others : 

"  It  can  do  much  towards  dissipating  the  stolid  indifference  which  paralyses 
many  portions  of  the  community,  and  towards  arousing,  enlightening  and  enlist 
ing  public  sentiment,  in  the  great  work  of  elementary  instruction,  by  systematic 
and  periodical  appeals  to  the  inhabitants  of  each  school  district,  in  the  form  of 
lectures,  addresses,  &c. 

"  It  can  be  made  to  dismiss  from  our  schools  all  immoral  and  incompetent 
teachers,  and  to  secure  the  services  of  such  only  as  are  qualified  and  efficient, 
thereby  elevating  the  grade  of  the  schoolmaster,  and  infusing  new  vitality  into 
the  school. 

"  An  attentive  examination  of  the  interesting  reports  of  the  deputy  superin 
tendents  will  clearly  show  that  the  accomplishment  of  several  of  the  most  im 
portant  of  these  objects  is  already  in  a  state  of  encouraging  progression. 

"  In  these  times  of  commercial  paralysis,  monetary  pressure  and  impending 
taxation,  superinduced  by  causes  which  were  clearly  foreseen,  and  might  easi 
ly  have  been  obviated,  it  is  very  far  from  the  intention  of  the  Superintendent 
to  advocate  any  system  which  shall  add  weight  to  the  existing  burdens  of  the 
community.  Instead  of  this,  it  will  be  manifest  that  the  system  of  deputy  su 
perintendents  can  be  made  to  supersede  official  duty  heretofore  badly  perform 
ed,  and  taxation  heretofore  imposed  with  little  resulting  utility,  to  an  amount 
greatly  exceeding  the  expenses  of  this  system." 

Gov.  BOUCK,  in  his  annual  message  to  the  legislature  of  1844,  thus  alludes 
to  the  condition  and  prospects  of  the  common  schools  : 

"  No  interest  of  the  State  is  entitled  to  a  more  favorable  regard,  or  a  greater 
share  of  attention  at  the  hands  of  the  legislature,  than  that  of  public  instruc 
tion.  The  intellectual  and  moral  culture  of  the  six  or  seven  hundred  thousand 
children  who  are  speedily  to  succeed  the  generation  now  on  the  stage  of  ac 
tive  life,  and  to  assume  the  duties  and  responsibilities,  as  well  of  government  as 
of  society,  in  all  its'  departments,  involves,  in  its  consequences,  the  existence 
and  destinies  of  the  Republic  itself,  and  cannot  be  neglected  without  danger 
to  the  vital  interests  of  free  institutions.  The  elementary  education  of  the 
youth  of  the  state  has  attracted  the  attention,  and  occupied  a  prominent  posi 
tion  in  the  policy  of,  the  executive  and  legislative  departments,  from  a  very 
early  period  of  our  existence  as  a  state.  A  perpetual  fund,  the  revenue  of 
which,  for  several  years  past,  has  secured  an  annual  apportionment  from  the 
the  treasury,  for  the  benefit  of  the  common  schools,  of  SI  10,000,  has  been  spe 
cifically  appropriated,  by  a  provision  of  the  constitution,  to  this  object ;  and 
since  the  year  1839,  the  additional  amount  of  $165,000  has  annually  been  ap 
propriated,  by  the  liberal  and  enlightened  policy  of  the  state,  from  the  reve 
nue  of  the  United  States  Deposite  Fund,  to  the  same  object,  and  to  the  pro 
curement  of  common  school  libraries  in  the  several  school  districts  of  the 
state.  An  amount  in  the  aggregate  equal  to  these  two  sums  ($275,000)  is  re 
quired  to  be  annually  raised  upon  the  taxable  property  in  the  several  towns  ; 
and  the  proceeds  of  this  fund,  augmented.by  nearly  an  equal  amount,  contribu- 


53 

ted  by  the  inhabitants  of  the  several  districts,  on  rate  bills,  by  various  local 
funds,  and  by  sums  voluntarily  raised  for  this  purpose  by  the  inhabitants  of 
the  towns,  are  applied  exclusively  to  the  payment  of  the  wages  of  competent 
and  approved  teachers,  and  to  the  purchase  of  suitable  books  for  the  school 
district  libraries. 

"  The  substitution  of  a  single  officer,  charged  with  the  supervision  of  the 
common  schools  of  each  town,  for  the  Board  of  Commissioners  and  inspectors 
formerly  existing,  in  connection  with  the  supervisory  and  appellate  powers  of 
the  several  county  Superintendents,  as  defined  by  the  law  of  the  last  session, 
seems  to  have  met  with  the  general  approbation  and  concuiTence  of  the  peo 
ple.  Conventions  and  associations  of  the  friends  of  education  have,  dur 
ing  the  past  year,  been  held  in  almost  every  section  of  the  state,  indicating  a 
concentration  of  interest,  and  a  direction  of  effort  to  this  great  subject,  which 
cannot  fail  of  producing  the  most  salutary  results.  The  standard  of  qualifica 
tion  of  teachers  has  been  materially  advanced ;  parents  and  the  people  gener 
ally  manifest  an  increased  interest  in  the  welfare  and  prosperity  of  these  ele 
mentary  institutions  of  learning ;  and  there  are  the  most  abundant  reasons 
for  anticipating  a  steady  and  continued  improvement  in  all  the  elements  of  our 
extended  system  of  common  school  education." 

There  were  in  the  state,  as  appears  by  the  annual  report  of  the  Superin 
tendent,  (Jan.  13,  1844)  10,875  organized  school  districts,  670,995  children 
between  the  ages  of  five  and  sixteen,  exclusive  of  those  residing  in  the  city 
of  New  York;  and  657,782  children  taught  during  the  year.  "  We  may 
reasonably,"  observes  the  Superinteodent,  "  congratulate  ourselves  upon  the 
accession  of  a  new  order  of  things,  in  relation  to  the  practical  workings  of 
our  system.  Through  the  medium  of  ah  efficient  county  and  town  super 
vision,  we  have  succeeded  not  only  in  preparing  the  way  for  a  corps  of 
teachers  thoroughly  competent  to  communicate  physical,  intellectual  and 
moral  instruction — themselves  enlightened  and  capable  of  enlightening 
their  pupils — but  also  in  demolishing  the  numerous  barriers  which  have 
hitherto  prevented  all  intercommunication  between  the  several  districts. 
An  extended  feeling  of  interest  in  the  condition  and  progress  of  the  school 
has  been  awakened ;  and  in  addition  to  the  periodical  inspection  of  the 
county  and  town  superintendendents,  the  trustees  and  inhabitants  are  now, 
in  many  portions  of  the  state,  beginning  to  visit  the  schools  of  their  dis 
tricts  ;  striving  to  ascertain  their  advancement ;  to  encourage  the  exertions 
of  teachers  and  pupils,  and  to  remove  every  obstacle  resulting  from  their 
previous  indifference.  Incompetent  teachers  are  beginning  to  find  the 
avenues  to  the  common  school  closed  against  them ;  and  the  demand  on 
the  part  of  the  districts  for  a  higher  grade  of  instructors,  is  creating  a 
supply  of  enlightened  educators,  adequate  to  the  task  of  advancing  the 
youthful  mind  in  its  incipient  efforts  to  acquire  knowledge.  The  impetus 
thus  communicated  to  the  schools  of  one  town  and  county,  is  speedily 
diffused  to  those  of  others.  Through  frequent  and  periodical  meetings  of 
town  and  county  associations  of  teachers  and  friends  of  education,  the 
improvements  adopted  in  any  one  district  are  made  known  to  all ;  and 
the  experience,  observations  and  suggestions  of  each  county  Superintendent, 
annually  communicated  through  their  reports,  to  all.  By  these  means  the 
stream  of  popular  education,  purified  at  its  source  and  relieved  from  many 
of  its  former  obstructions,  is  dispensing  its  invigorating  waters  over  a  very 
considerable  portion  of  the  state. 

"  The  reports  of  the  several  county  Superintendents  exhibit  unequivocal 
evidence  of  effiicent  exertions  on  their  part,  in  the  performance  of  the  res 
ponsible  duties  assigned  them  by  law  and  by  the  instructions  of  this 
department.  To  their  efforts  is  to  be  attributed,  to  a  very  great  extent,  the 
revolution  in  public  sentiment,  by  which  the  district  school  from  being  the 
object  of  general  aversion  and  reproach,  begins  to  attract  the  attention  and 
regard  of  all.  To  their  enlightened  labors  for  the  elevation  and  advance 
ment  of  these  elementary  institutions,  we  owe  it  in  a  great  measure,  that 
new  and  improved  modes  of  teaching,  of  government  and  of  discipline  have 


54 

succeeded  in  a  very  large  proportion  of  the  districts,  to  those  which  have 
hitherto  prevailed ;  that  a  higher  grade  of  qualifications  for  teachers  has 
been  almost  universally  required  ;  that  parents  have  been  induced  to  visit 
and  take  an  interest  in  the  schools ;  that  private  and  select  schools  have 
been  to  a  considerable  extent  discountenanced,  and  the  entire  energies  of 
the  inhabitants  of  districts  concentrated  on  the  district  school ;  and  thai 
the  importance,  the  capabilities  and  extended  means  of  usefulness  of  these 
nurseries  of  knowledge  and  virtue,  are  beginning  to  be  adequately  appre 
ciated  in  nearly  every  section  of  the  state.  Collectively  considered,  these 
officers  have  well  vindicated  the  confidence  reposed  in  them  by  the  legis 
lature  and  the  people,  and  justified  the  anticipation  of  the  friends  of  edu- 
tion." 

The  attention  of  the  friends  of  Common  School  Education  was  now  power 
fully  and  systematically  directed  to  the  subject  of  a  State  Normal  School 
for  the  proper  instruction  and  preparation  of  teachers.  To  this  end,  Mr. 
HULBUKD,  of  St.  Lawrence,  who  was  again  at  the  head  of  the  Assembly 
Committee  on  Colleges,  Academies  and  common  schools,  visited,  during  the 
early  part  of  the  session,  the  several  Normal  Schools  of  Massachusetts,  ob 
served  their  parctical  working,  made  himself  thoroughly  acquainted  with 
the  principles  upon  which  they  were  founded,  and  collected  a  valuable 
body  of  information  in  regard  to  the  general  history  and  specific  operations 
of  similar  institutions  in  Europe. 

On  the  22d  of  March,  he  submitted  an  elaborate  and  eloquent  report, 
embracing  the  entire  subject,  reviewing  the  legislation  of  the  State  in  refer 
ence  to  the  various  appropriations  made  from  the  literature  fund,  to  the 
several  Academies,  for  the  purpose  of  organizing  and  establishing  Teachers 
Departments  ;  showing  that  these  institutions  were  wholly  incomptent  to 
supply  the  demand  for  competent  teachers,  throughout  the  state  ;  giving 
a  concise  history  of  the  origin  and  progress  of  Normal  Schools  in  Europe  and 
America,  with  a  detailed  account  of  their  operations  in  Massachusetts  ;  and 
strongly  recommending  the  appropriation  from  the  income  of  the  literature 
fund  of  $9,600  for  the  establishment,  and  $10,000  annually  thereafter  for 
the  support  and  maintenance  of  a  State  Normal  School,  to  be  located  in 
the  city  of  Albany,  for  the  education  and  proper  preparation  of  teachers  of 
common  schools,  of  both  sexes,  and  to  be  composed  of  pupils  selected  from 
the  several  counties  of  the  state  in  proportion  to  the  representation  of  such 
counties  in  the  popular  branch  of  the  Legislature. 

After  a  full  recapitulation  of  the  previous  legislation  of  the  state,  in  refer 
ence  to  Academical  Departments  for  the  instruction  of  teachers  the  com 
mittee  observe : 

"  It  will  appear  that  the  principal  reliance  of  the  friends  and  supporters 
of  the  common  schools  for  an  adequate  supply  of  teachers  has,  from  a  very 
early  period,  been  upon  the  academies — that  the  inability  of  the  latter  to 
supply  this  demand,  induced,  in  1827  an  increase  of  $150,000  of  the  fund 
applicable  to  their  support,  and  this  for  the  express  purpose  of  enabling  them 
to  accomplish  this  object :  that  the  Regents  of  the  University,  the  guardians 
of  these  institutions,  characterized  this  increase  of  the  fund  as  an  unwonted 
and  extraordinary  act  of  liberality  on  the  part  of  the  state  towards  them — 
explicitly  recognized  the  condition,  or  rather  the  avowed  expectations  on 
which  it  was  granted — accepted  the  trust,  and  undertook  to  perform  those 
conditions  and  to  fulfil  those  expectations  :  that,  to  use  the  language  of  one 
of  the  Superintendents,  '•  the  design  of  the  law  was  not  sustained  by  the 
measures  necessary  to  give  it  the  form  and  effect  of  a  system  ; "  that  to 
remedy  this  evil,  one  academy  was  specially  designated  in  each  Senate  dis 
trict,  with  an  endowment  of  §500  to  provide  the  necessary  means  and  facil 
ities  of  instruction,  and  an  annual  appropriation  of  $400  for  the  mainten 
ance  of  a  department  for  the  education  of  teachers,  and  soon  afterwards  the 
sum  of  $28,000  added  to  the  literature  fund  from  the  avails  of  the  U.  S. 
Deposit  fund  while  eight  additional  academies  were  required  to  organize 
and  maintain  similar  departments  :  that  finally  the  number  of  these  depart- 


55 

• 

ments  was  augmented  to  twenty-three,  and  every  exertion  put  forth  to 
secure  the  great  results  originally  contemplated  in  their  establishment ;  and 
that  in  the  judgment  of  successive  Superintendents  of  common  schools,  the 
Regents  of  the  University,  and  the  most  eminent  and  practical  friends  of 
education  throughout  the  state,  these  institutions,  whether  considered  in  the 
aggregate  or  with  reference  to  those  specially  designated  from  time  to  time, 
for  the  performance  of  this  important  duty  of  supplying  the  common  schools 
with  competent  teachers,  have  not  succeeded  in  the  accomplishment  of  that 
object.  Having,  therefore,  to  revert  again  to  the  language  of  the  Superin 
tendent  before  referred  to,  "  proved  inadequate  to  the  ends  proposed  ; " 
may  not  now  "  a  change  of  plan  be  insisted  on,  without  being  open  to  the 
objection  of  abandoning  a  system  which  has  not  been  fairly  tested  V '  And 
have  the  academies  any  just  reason  to  complain  if  they  are  not  longer  per 
mitted  to  enjoy  undiminished  the  liberal  appropriation  conferred  upon  them 
by  the  state  for  a  specific  object — an  object  which  they  have  not  been  able 
satisfactorily  to  accomplish  ?  " 

The  committee  then  proceed  minutely  to  trace  the  origin,  progress  and 
practical  operation  of  Normal  Schools  in  Europe  and  in  this  country,  and 
after  a  general  discussion  of  their  applicability  and  expediency  under  the 
peculiar  circumstances  which  exist  in  our  own  state,  and  the  recommenda 
tion  of  an  appropriation  for  the  organization  and  support  of  a  Normal  School 
at  the  seat  of  government,  for  the  education  and  training  of  teachers, 
observe : 

M  It  will  be  noticed  that  the  committee  speak  of  the  establishment  of  one 
Normal  School :  Did  our  present  means  seem  to  warrant  it,  the  committee 
would,  with  confidence,  recommend  the  immediate  establishment  of  at  least 
one  in  each  of  the  eight  Senatorial  districts.  If  one  is  now  established,  and 
that  is  properly  endowed  and  organized,  there  cannot  be  a  doubt  that  not 
only  one  will  be  called  for  in  each  of  the  eight  Senatorial  districts,  but  in  a 
brief  period  very  many  of  the  large  counties  will  insist  upon  having  one 
established  within  their  limits.  The  establishment  of  one  is  but  an  experi 
ment — if  that  can  be  called  an  experiment,  which  for  more  than  a  century 
has  been  in  operation,  without  a  known  failure — which,  if  successful,  will 
lead  the  way  for  several  others.  It  is  believed  that  several  of  the  Acade 
mies  now  in  operation  can  and  will  be  converted  into  Normal  Seminaries, 
when  the  period  arrives  for  the  rapid  improvement  of  education  ;  in  this 
way  there  will  be  no  loss  of  academic  investment,  and  the  great  interest  of 
the  public  will  be  as  well  or  better  subserved  than  they  are  at  present. 

"  The  committee  believe  the  experiment  should  be  tried  at  the  Capi 
tal  ;  if  it  cannot  be  tested  in  the  presence  of  all  the  people,  it  should  be 
before  all  the  representatives  of  the  people.  As  a  government  measure, 
it  is  untried  in  this  state ;  the  result,  therefore,  will  be  of  deep  interest. 
Here  at  each  annual  session  of  the  legislature,  can  be  seen  for  what  and 
how  the  public  money  is  expended  ;  here  can  be  seen  the  exhibition  of  the 
pupils  of  the  Seminary  and  of  the  Model  School ;  here,  if  unsuccessful  no 
report  of  interested  officials  can  cover  up  its  failure,  or  prevent  the  abandon 
ment  of  the  experiment ;  here  citizens  from  all  parts  of  the  state,  who  resort 
to  the  Capital  during  the  session  of  the  legislature,  the  terms  of  the  courts, 
<fcc.,  can  have  an  opportunity  of  examining  the  workings  of  the  Normal 
school  system,  of  learning  the  best  method  of  teaching,  and  all  the  improve 
ments  in  the  science  and  practice  of  the  art ;  those  who  in  the  spring  and 
autumn,  pass  through  the  city,  and  to  and  from  the  Great  Metropolis,  and 
those  who  from  all  parts  of  the  union  make  their  annual  pilgrimage  to  the 
Fountain  of  Health,  will  pause  here  to  see  what  the  Empire  State  is  doing 
to  promote  the  education  of  her  people." 

On  the  seventh  of  May,  succeeding,  the  bill  reported  by  the  Committee 
was  passed  into  a  law,  by  which  the  sum  of  $9,600  was  appropriated  for 
the  first  year,  and  $10,000  annuallv  for  five  years  thereafter  and  until  other 
wise  directed  by  law,  for  the  establishment  and  support  of  a  Normal  school 
to  be  located  at  Albany,  and  to  be  under  the  supervision,  management  and 


56 

direction  of  the  Superintendent  of  common  schools  and  the  Regents  of  the 
University,  who  were  authorized  and  required,  from  time  to  time,  to  make 
all  needful  rules  and  regulations  ;  to  fix  the  number  and  compensation  of 
teachers  and  others  to  be  employed  therein  ;  to  prescribe  the  preliminary 
examination  and  the  terms  and  conditions  on  which  the  pupils  should  be 
received  and  instructed ;  to  apportion  such  pupils  among  the  respective 
counties,  conforming  as  nearly  as  might  be  to  the  ratio  of  population  ;  and 
generally,  to  provide  in  all  things  for  the  good  government  and  manage 
ment  of  the  school.  They  were  also  required  to  appoint  an  executive  com 
mittee,  consisting  of  five  persons,  one  of  whom  should  in  all  cases  be  the  State 
Superintendent  of  common  schools,  to  whom  the  immediate  government 
and  direction  of  the  institution  should  be  committed,  subject  to  such  general 
rules  as  the  Regents  might  prescribe,  and  whose  duty  it  should  be  to  make 
full  and  detailed  reports  from  time  to  time  to  the  Superintendent  and 
Regents,  and  to  recommend  such  rules  and  regulations  as  they  might  deem 
proper  for  the  school.  The  Superintendent  and  Regents  \rere  likewise 
required  annually  to  transmit  to  the  legislature,  an  account  of  their  pro 
ceedings  and  expenditures. 

In  pursuance  of  this  act,  the  Regents  of  the  University,  proceeded  on  the 
1st  of  June  thereafter,  to  the  appointment  of  an  Executive  Committee, 
consisting  of  the  Superintendent  of  common  schools  (Col.  YOUNG)  Rev. 
ALONZO  POTTER,  Rev.  WILLIAM  H.  CAMPBELL,  Hon.  GIDEON  HAWLEY  and 
FRANCIS  DWIGHT,  Esq.,  who  held  their  first  meeting  on  the  20th  of  June. 
Having  obtained  from  the  corporation  of  the  city  of  Albany,  the  lease  for 
five  years  of  a  commodious  building  for  the  use  of  the  school,  they  adopted 
the  necessary  measures  for  its  organization  and  establishment,  by  requesting 
the  Board  of  Supervisors  of  the  several  counties,  to  appoint  on  the  nomination 
of  the  county  Superintendents,  a  number  of  pupils,  corresponding  to  their 
respective  representation  in  the  Assembly  ;  by  the  appointment  of  DAVID 
P.  PAGE,  of  Newburyport,  Mass.,  as  Principal,  GEORGE  R.  PERKINS,  of  Utica, 
as  Professor  of  Mathematics,  FREDERICK  I.  ILSLEY,  of  Albany  as  teacher  of 
Music,  and  J.  B.  HOWARD,  of  Rensselaer,  as  teacher  of  Drawing ;  and  by 
making  such  general  rules  and  regulations  as  they  deemed  expedient  and 
necessary,  in  reference  to  the  course  of  study,  management  and  discipline  of 
the  school.  On  the  18th  of  December,  the  school  was  opened,  by  a  public 
address  from  the  Superintendent  of  common  schools.  Twenty-nine  pupils 
only  were  in  attendance ;  this  number,  however,  speedily  increased  to 
upwards  of  one  hundred  ;  and  an  experimental  or  model  school  was  at  the 
commencement  of  the  second  term,  attached  to  the  institution,  comprising 
upwards  of  a  hundred  children  of  both  sexes, 

At  the  opening  of  the  session  of  the  legislature  of  1845,  Gov.  WRIGHT,  in 
his  annual  message  to  both  Houses,  thus  adverted  to  the  subject  wf~€ommon 
school  education : 

"  No  public  fund  of  the  state  is  so  unpretending,  yet  so  all  pervading — so 
little  seen,  yet  so  universally  felt — so  mild  it  its  exactions,  yet  so  bountiful 
in  its  benefits — so  little  feared  or  courted,  and  yet  so  powerful,  as  this  fund 
for  the  support  of  common  schools.  The  other  funds  act  upon  the  secular 
interests  of  society,  its  business,  its  pleasures,  its  pride,  its  passions,  its  vi 
ces,  its  misfortunes.  This  acts  upon  its  mind  and  its  morals.  Education  is 
to  free  institutions  what  bread  is  to  human  life,  the  staff  of  their  existence. 
The  office  of  this  fund  is  to  open  and  warm  the  soil,  and  sow  the  seed  from 
which  this  element  of  freedom  must  grow  and  ripen  into  maturity  ;  and  the 
health  or  sickness  of  the  growth  will  measure  the  extent  and  security  of  our 
liberties.  The  thankfulness  we  owe  to  those  who  have  gone  before  us,  for 
the  institution  of  this  fund,  for  its  constitutional  protection,  and  for  its  safe 
and  prudent  administration  hitherto,  we  can  best  repay  by  imitating  their 
example  and  improving  upon  their  work,  as  the  increased  means  placed  in 
our  hands  shall  give  us  the  ability. 

"  Few,  if  any  instances,  are  upon  record  in  which  a  fund  of  this  descrip 
tion  has  been  administered,  and  its  bounties  dispensed  through  a  period  of 


57 

forty  years,  with  so  few  suspicions,  accusations,  or  complaints  of  the  inter 
ference  of  either  political  or  religious  biases  to  disturb  the  equal  balance  by 
which  its  benefits  should  be  extended  to  our  whole  population.  This  should 
continue  as  it  has  been.  Our  school  fund  is  not  instituted  to  make  our 
children  and  youth  either  partizans  in  politics,  or  sectarians  in  religion  ;  but 
to  give  them  education,  intelligence,  sound  principles,  good  moral  habits, 
and  a  free  and  independent  spirit ;  in  short,  to  make  them  American  free 
men  and  American  citizens,  and  to  qualify  them  to  judge  and  choose  for 
themselves  in  matters  of  politics,  religion  and  government.  Such  an  ad 
ministration  of  the  fund  as  shall  be  calculated  to  render  this  qualification 
the  most  perfect  for  the  mature  minds,  with  the  fewest  influences  tending 
to  bias  the  judgment  or  incline  the  choice,  will  be  the  most  consonant  with 
oui'  duties,  and  with  the  best  interests  of  our  constituents.  Under  such  an 
administration,  education  will  nourish  most  and  the  peace  and  harmony  of 
society  be  best  preserved." 

From  the  annual  report  of  the  Superintendent,  (Col.  YOUNG)  it  appeared 
that  the  whole  number  of  school  districts  in  the  state,  was  10,990  ;  the  whole 
number  of  children  between  the  ages  of  five  and  sixteen,  was  696,548  ;  the 
number  of  children  of  all  ages,  actually  taught  in  the  common  schools  during 
the  year  reported,  709,156,  or  more  than  50,000  beyond  the  number  taught 
during  the  preceding  year  ;  the  amount  paid  for  teachers'  wages  $992,222  ; 
of  which  $447,566  was  raised  on  rate-bills  ;  the  amount  paid  for  library  pur-[ 
poses  $94,950.54  ;  and  the  number  of  volumes  in  the  several  district  librar-* 
ries  1,038,396. 

"  A  more  just  appreciation  on  the  part  of  the  public,"  observes  the  Su 
perintendent,  in  concluding  his  report,  "  not  only  of  the  importance  of  ade 
quate  intellectual  and  moral  culture  in  our  common  schools,  but  of  the  re 
sponsibilities  of  teachers,  is  beginning  to  prevail.  There  is  much  in  the 
prospect  thus  opened  to  us,  cheering  and  encouraging  to  the  friends  of  free 
institutions;  to  the  friends  of  education,  and  of  civil,  social  and  moral  pro 
gress.  The  great  idea  of  education,  in  its  most  comprehensive  acceptation, 
consists  in  that  development,  culture  and  discipline  of  all  the  faculties  of 
our  nature,  which  shall  fit  us  for  the  highest  sphere  of  usefulness,  and  the 
highest  degree  of  enjoyment  of  which  that  nature,  in  the  circumstances  by 
which  we  are  surrounded,  is  susceptible. 

"  This  conception  of  that  preliminary  training  which  is  to  give  us  the 
complete  and  efficient  control  of  the  energies,  physical  and  moral,  of  our 
common  humanity,  has  at  length,  it  is  to  be  hoped,  assumed  its  place  as  the 
foundation  of  the  science  of  elementary  instruction.  Institutions  for  the 
preparation  of  teachers  upon  the  most  approved  models,  are  already  diffusing 
far  and  wide,  a  more  enlightened  and  practical  system  of  mental  culture, 
by  furnishing  to  the  schools  instructors  of  a  high  grade  of  qualifications,  in 
tellectual  and  moral ;  and  these  instructors,  in  their  turn,  communicate  ele 
ments  of  knowledge  and  the  means  of  self-improvement,  to  the  pnpils  com 
mitted  to  their  charge.  The  general  substitution  of  knowledge  for  the  par 
rot-like  rote,  by  which  a  vigorous  and  retentive  memory  was  made  the  prin 
cipal  test  of  mental  capacity,  may  be  regarded  as  one  of  the  strongest  indi 
cations  of  the  prevalence  of  sounder  principles,  and  of  a  progressive  revolu 
tion  in  the  theory  and  practice  of  education, 

"  These  are  the  principal  agencies  through  whose  united  influence  our 
common  schools  have  imbibed  that  spirit  of  improvement  which  is  percepti 
ble  in  nearly  every  section  of  the  state,  and  which  must  ultimately  renovate 
our  entire  system  of  public  education,  and  exert  a  beneficial  influence  upon 
all  our  institutions,  civil,  social  and  political.  In  the  late  strongly  contested 
election  for  the  chief  magistrate  of  the  United  States,  the  result  was  deter 
mined  for  good  or  for  evil,  by  237,600  votes  cast  in  this  state  ;  and  the  re 
sult  will,  doubtless,  eventuate  in  a  course  of  measures  which  will  affect, 
beneficially  or  otherwise,  the  interests  of  some  twenty  millions  of  human 
beings,  for  a  series  of  years  to  come.  The  whole  number  of  children  now 
under  the  course  of  instruction  in  the  common  schools  of  this  state,  exceeds 


58 

700,000  ;  estimating  one-half  of  this  number  as  females,  and  making  a  still 
farther  deduction  of  100,000,  or  one-seventh  of  the  whole,  for  removal  from 
the  state,  death,  or  inability  from  any  other  cause,  to  discharge  the  duties 
appertaining  to  the  citizen — and  we  have  remaining  250,000,  who,  upon  a 
reasonable  estimate  will,  within  a  less  period  than  fifteen  years,  emerge  from 
our  common  schools  invested  with  all  the  functions  of  popular  sovereignty  ; 
a  number  exceeding  by  upwards  of  12,000  that  which  has  recently  given  to 
the  Union  a  Chief  Magistrate. 

"  On  the  flourishing  condition  of  our  schools  repose  the  hopes  of  the 
present  and  the  destinies  of  the  future.  Without  a  sound,  moral  and  intel 
lectual  education,  the  functions  of  self  government  can  neither  be  duly 
appreciated  nor  successfully  maintained,  The  constitution  of  several  of 
the  South  American  Republics  appeared  theoretically  to  secure  human 
liberty.  But  paper  provisions  are  powerless  unless  they  are  also  impressed 
on  the  hearts,  and  combined  with  the  intelligence  of  the  people.  Without 
an  accurate  knowlede  of  their  rights  and  duties,  and  a  determination  to 
maintain  them,  no  community  can  long  be  free  ;  and  the  melancholy  truth 
that  the  South  American  Republics  have  fallen  into  revolutionary  decrep 
itude,  and  degenerated  into  military  despotisms,  affords  to  us  an  impressive 
admonition.  Indeed  without  going  beyond  our  own  borders,  premonitious 
of  an  anti-social  spirit — of  insubordination  to  the  law — of  combining  to 
perpetrate  violence,  riot,  incendiarism  and  murder — are  sufficiently  alarm 
ing  in  their  rapid  increase  during  the  last  few  years.  If  the  same  spirit 
pervaded  the  majority  of  the  community,  the  existing  government  would 
be  at  an  end  ;  and  as  human  society  cannot  exist  without  a  superintending 
power  of  protection,  the  aid  of  some  more  energetic  and  despotic  form  of 
government  would  necessarily  be  invoked  to  administer  justice,  to  maintain 
order,  and  to  shield  the  poor  from  the  exactions  of  the  rich, — the  weak  from 
the  aggressions  of  the  strong. 

"  The  great  extent  of  the  American  Republic — its  rapidly  increasing 
population — the  diversity  of  habits,  pursuits,  productions,  and  interests, 
some  of  which  are  regarded  as  hostile  to  others — render  necessary  at  all 
times,  the  cultivation  of  a  liberal  spirit  of  forbearance  and  conciliation. 
Without  the  diffusion  of  education,  such  a  spirit,  in  sufficient  strength  to 
maintain  harmony,  cannot  exist.  It  may  be  safely  affirmed,  that  there  is 
now  no  people  of  equal  numbers  on  the  face  of  the  earth,  who,  if  placed 
under  such  institutions  as  ours,  would  maintain  the  government  for  a  single 
year.  And  unless  moral  and  intellectual  culture,  shall  at  least  keep  pace 
•with  the  increase  of  numbers,  this  republic  will  assuredly  fall.  On  the 
careful  cultivation  in  our  schools,  of  the  minds  of  the  young,  the  entire 
success  or  the  absolute  failure  of  the  great  experiment  of  self  government 
is  wholly  dependent ;  and  unless  that  cultivation  is  increased,  and  made 
more  effective  than  it  has  yet  been,  the  conviction  is  solemnly  impressed  by 
the  signs  of  the  times,  that  the  American  Union,  now  the  asylum  of  the 
oppressed  and  "  the  home  of  the  free,"  will  ere  long  share  the  melancholy 
fate  of  every  former  attempt  of  self  government.  That  Union  is  and  must 
be  sustained  by  the  moral  and  intellectual  powers  of  the  community,  and 
every  other  power  is  wholly  ineffectual.  Physical  force  may  generate 
hatred,  fear  and  repulsion  ;  but  can  never  produce  Union.  The  only  salva 
tion  for  the  republic  is  to  be  sought  for  in  our  schools.  It  is  here  that  the 
seeds  of  liberty  are  sown,  and  made  to  germinate  and  grow,  and  produce 
rich  fruit  in  abundance.  Every  improvement  that  can  be  given  to  these 
primary  institutions,  affords  an  additional  guaranty  for  the  permanent  main 
tenance  of  rational  freedom. 

"  The  duration  of  the  life  of  man  should  be  estimated,  not  by  the  years 
of  his  physical  existence,  which  would  degrade  him  to  the  level  of  the 
brute — but  by  the  period  of  the  expansion  and  enjoyment  of  his  moral  and 
intellectual  faculties.  Thence  it  has  been  affirmed  with  philosophic  truth, 
that  "he  who  shortens  the  road  to  human  knowledge  lengthens  life."  The 
cradle  and  the  grave  are  in  such  close  proximity,  even  when  the  interval  i» 


59 

most  extended,  that  human  existence  may  be  regarded  as  nearly  a  blank, 
unless  the  early  portion  of  the  brief  space  by  which  they  are  separated  is 
seduously  devoted  to  the  developement  of  the  mind.  The  undying  part  of 
our  nature  has  been  impressed  by  its  creator  with  an  unconquerable  desire 
for  knowledge,  not  that  limited  acquaintance  with  the  external  forms  of 
things  which  is  bestowed  upon  the  animals  by  instinct — but  a  knowledge 
vastly  more  minute  and  exclusive,  which  embraces  within  its  scope,  all  the 
properties  and  laws,  both  of  mind  >md  matter.  The  earth  itself  with  all 
its  appendages,  is  much  too  small  a  theatre,  to  satiate  the  inquisitiveness, 
even  of  children ;  and  if  human  power  were  commensurate  with  human 
aspirations,  the  daring  ken  of  man  would  be  thrown  through  the  abyss  of 
Heaven,  to  the  ultima  thule  of  the  works  of  God — to  the  farthest  verge  in 
fathomless  space,  in  which  the  energies  of  creative  power  have  yet  been 
consummated — to  regions  where  the  embryon  nebulae  of  unformed  worlds 
are  in  the  transition  or  the  quiescent  state,  obedient  to  the  primeval  fiat  of 
the  Almighty." 

The  introduction  of  Teachers'  Institutes  as  an  elementary  portion  of 
the  system  of  Public  Instruction,  which  was  effected  at  about  this  period, 
constitutes  an  important  feature  in  the  progress  of  improvement,  with  refer 
ence  to  the  practical  qualification  of  teachers  of  common  schools.  The  sub 
ject  was  first  brought  to  the  attention  of  the  friends  of  education,  by  a  series 
of  resolutions  submitted  to  the  Tompkins  County  Teachers'  Association,  in 
October  1842,  by  J.  S.  DENMAN,  the  County  Superintendent  of  Tompkins, 
setting  forth  the  necessity  of  united  and  efficient  action  on  the  part  of  teach 
ers  to  elevate  their  profession  and  the  standard  of  common  school  education 
generally,  and  recommending  the  establishment,  in  that  County  of  a 
Teachers'  Institute,  where  all  the  teachers  might  meet  semi-annually  in  the 
spring  and  fall,  preparatory  to  the  commencement  of  the  respective  summer 
and  winter  terms  :  and  spend  from  two  to  four  weeks,  in  receiving  instruction 
from  efficient  instructors,  in  listening  to  lectures  from  scientific  men,  and  in 
the  discussion  of  plans  for  the  improvement  of  schools.  The  first  Teachers' 
Institute  was  opened  at  Ithaca,  on  the  4th  day  of  April  1843,  under  the 
management  and  direction  of  Mr.  Denman,  who  had  engaged  the  services  of 
Salem  Town  Esq.,  the  Rev.  David  Powell  and  Prof.  James  Thompson,  of 
Auburn,  as  instructors  and  lecturers.  Twenty  eight  teachers  were  in 
attendance,  and  instruction  was  given  daily  for  a  term  of  two  weeks  in  the 
best  mode  of  Governing  and  teaching  common  schools,  including  a  critical 
analysis  and  review  of  the  various  elementary  branches ;  and  sundry 
advanced  branches  not  heretofore  in  use  in  the  Schools  generally.  During 
the  Autumn  of  the  same  year,  several  similar  institutions  were  opened  in 
different  sections  of  the  State  ;  and  in  the  succeeding  year  their  operations 
were  greatly  enlarged  and  extended.  In  his  annual  report  for  1845  the 
State  Superintendent  thus  alludes  to  them  : 

"  In  no  less  than  seventeen  of  the  largest  counties,  Teachers'  Institutes  have 
been  established  during  the  past  two  years,  in  which  upwards  of  one 
thousand  teachers  have  been  instructed  during  periods  varying  from  two  to 
six  or  eight  weeks,  immediately  preceding  the  commencement  of  their  re 
spective  terms  of  instruction,  by  the  most  competent  and  experienced  educa 
tors  whose  services  could  be  procured,  in  conjunction  with  the  county 
Superintendent.  These  associations  are  wholly  voluntary,  and  the  expenses, 
including  board,  tuition,  and  the  use  of  convenient  rooms,  apparatus,  <fec., 
have  hitherto  been  defrayed  exclusively  by  the  teachers.  The  course  of 
instruction  consists  generally  of  a  critical  and  thorough  review  of  all  the 
elementary  branches  required  to  be  taught  in  the  common  schools,  full 
expositions  and  illustrations  of  the  most  approved  methods  of  communicating 
knowledge  to  the  young,  and  of  the  proper  government  and  discipline  of 
schools,  and  a  mutual  interchange  of  views  and  opinions  among  the  teachers, 
instructors  and  Superintendent.  Among  the  numerous  improvements  which 
the  experience  of  past  imperfections  has  introduced  into  the  practical  opera 
tion  of  our  common  schools,  there  is  none  which  combines  so  much  utility 


60 

and  value  as  these  local  and  temporary  institutions  ;  and  in  the  judgment 
of  the  Superintendent  they  are  highly  deserving  of  legislative  aid.  A 
concise  exposition  of  their  general  features,  the  mode  of  instruction  adopted, 
and  its  effects  not  only  upon  the  teachers,  but  upon  the  whole  character  of 
the  schools  under  their  charge,  and  upon  the  public  sentiment  generally, 
has,  it  is  understood,  been  prepared  by  Mr.  SALEM  TOWN,  of  Cayuga,  a 
veteran  teacher,  who  has  himself  most  ably  and  efficiently  contributed  to 
the  establishment  and  success  of  this  species  of  instruction." 

In  reviewing  the  administration  of  the  common  school  system,  by  Col. 
YOUNG,  it  is  impossible  not  to  perceive  the  vast  impulse  which  was  given 
to  all  its  varied  operations  by  the  efficiency,  energy  and  public  spirit  of  that 
distinguished  statesman.  Bringing  to  the  discharge  of  the  peculiar  duties 
of  the  office  of  Superintendent  no  previous  experience,  and  strong  prejudices 
against  some  of  the  most  cherished  features  of  the  system  of  public  instruc 
tion,  he  not  only  speedily  rendered  himself  familiar  with  all  its  details,  but 
divesting  himself  of  all  these  unfavorable  pre-conceptions  which  had  ob 
tained  possession  of  his  mind,  dispassionately  surveyed  the  entire  bearings 
of  the  whole  system,  and  having  convinced  himself  of  its  value  and  utility, 
devoted  his  best  energies  and  all  his  powerful  influence  to  its  advancement 
and  improvement.  The  plan  of  county  and  town  supervision,  the  Normal 
school  and  Teachers'  Institutes,  and  District  Libraries,  were  cherished  and 
strengthened  by  his  exertions  ;  and  the  impress  of  his  vigorous  mind  and 
strong  understanding  will  long  remain  upon  the  common  school  system  of 
our  Slate. 

Upon  his  retirement  from  the  office  of  Secretary  of  state,  Col.  YOUNG 
received  from  the  Regents  of  the  University,  the  appointment  of  member 
of  the  Executive  Committee  of  the  Normal  School,  in  the  place  of  Dr. 
POTTER,  who  had  been  elected  Bishop  of  the  diocese  of  Pennsylvania  and 
had  removed  to  that  State.  HARMANUS  BLEEKER,  Esq.,  of  the  city  of  Albany 
was  also  appointed  a  member  of  the  Executive  Committee  to  fill  the  vacancy 
occasioned  by  the  death  of  FRANCIS  DWIGHT,  Esq.,  which  took  place  on  the 
18th  of  December,  1845. 

The  removal  from  the  State  of  Dr.  POTTER,  and  the  death  of  Mr.  DWIGHT 
in  the  fulness  of  his  faculties  and  the  apparent  meridian  of  his  usefulness, 
were  deeply  and  extensively  felt  by  the  friends  of  common  school  educa 
tion.  In  all  the  measures  which  had  been  canvassed  and  adopted  for  the 
improvement  and  elevation  of  our  systems  of  pxiblic  instruction,  both  these 
gentlemen  had  borne  a  conspicious  and  an  efficient  part ;  and  to  their  con 
stant  and  uniform  co-operation  with  the  legislature  and  the  executive 
authorities  of  the  state  charged  with  the  general  supervision  of  these  great 
interests,  the  success  of  those  measures  is  to  a  very  considerable  extent  due. 
As  the  conductor  of  the  District  School  Journal,  as  County  Superintendent 
and  member  of  the  Board  of  Education  of  the  city  of  Albany,  and  as  a 
member  of  the  Executive  Committee  of  the  State  Normal  School,  Mr.  DWIGHT 
essentially  contributed  to  the  advancement  of  popular  education,  and  to  the 
general  diffusion  of  sound  principles  of  elementary  instruction  throughout 
the  state. 

Administration  of  NATHANIEL  S.  BENTON — Failure  of  the  effort  to  ingraft  the 

Free  School  System  on  the  Constitution — Abolition  of  the  office  of  County 

Superintendent.  -*, 

On  the  3d  day  of  February,  1845,  the  Hon.  NATHANIEL  S.  BENTON,  of  Her" 
kimer,  was  appointed  by  joint  ballot  of  both  Houses  of  the  Legislature,  Sec" 
retary  of  State  and  Superintendent  of  Common  Schools  :  and  entered  upon 
the  discharge  of  his  duties  on  the  6th  of  the  same  month. 

From  his  first  annual  report,  bearing  date  on  the  15th  of  January,  1846, 
it  appeared  that  the  whole  number  of  school  districts  in  the  state,  on  the 
first  day  of  July  preceding,  was  11,018  ;  the  number  of  children  between 
the  ages  of  five  and  sixteen,  residing  in  the  state,  on  the  first  day  of  Janu 
ary,  1845,  690,914  ;  the  whole  number  of  children  of  all  ages,  taught  in  the 


61 

common  schools  during  the  year  1844,  736,045  ;  the  amount  of  public  money 
applied  to  the  payment  of  teachers'  wages,  $629,856.94  ;  the  amount  raised 
on  rate-bills,  $458,127.78,  making  an  aggregate  of  $1,088,084.72,  and  the 
amount  of  public  money  applied  to  library  purposes  and  school  apparatus, 
$95,159.25.  The  number  of  volumes  in  the  several  district  libraries  was 
1,145,250,  being  an  increase,  during  the  year  reported,  of  106,854  volumes. 

In  reference  to  the  fund  applicable  to  the  support  of  district  libraries,  the 
Superintendent  observes  : 

"  It  is  not  proposed  to  take  from  the  inhabitants  of  the  school  districts 
the  power  of  controlling  the  direction  that  shall  be  given  to  that  part  of  the 
fund  denominated  library  money  ;  but  leave  them  to  make  such  application 
thereof,  either  to  the  purchase  of  books,  or  the  apparatus  before  named,  or 
apply  the  whole  or  a  part  of  it  to  the  payment  of  teachers  ;  subject, 
however,  to  the  approval  of  the  department.  After  the  districts  have  been 
supplied  with  a  given  number  of  books,  in  proportion  to  the  children  in  them, 
and  after  the  appropriate  school  apparatus  and  maps  shall  have  been  ob 
tained,  it  is  believed  that  in  many  instances,  it  would  prove  highly  salutary, 
to  authorize  the  inhabitants  of  such  districts  to  apply  this  money  to  the 
payment  of  teachers'  wages  generally,  or  of  the  rate-bills  of  exempted  schol 
ars.  To  ensure  a  faithful  compliance  with  the  conditions  required,  it  may 
be  necessary  in  all  cases,  to  vest  in  the  department  a  supervision  over  this 
expenditure.  This  will  incite  an  interest  in  the  district  and  its  officers, 
where  it  is  desired  to  make  this  application  to  preserve  their  libraries,  maps, 
globes,  black-boards  and  other  apparatus,  with  the  best  possible  care." 

On  the  subject  of  teachers'  institutes,  the  Superintendent  says : 

"  Teachers'  Institutes  "  and  "  teachers'  drills,"  have  been  held  during  the 
the  last  year,  in  nearly  thirty  counties  in  the  state,  and  were  attended  by 
more  than  three  thousand  school  teachers,  for  periods  varying  from  two  to 
to  four  and  eight  weeks  of  continued  session.  These  voluntary  associations 
are  rapidly  spreading  over  our  entire  state,  and  are  destined  soon,  to  occu 
py  much  of  the  public  attention.  An  ardent  desire  for  improvement  is 
seated  in  the  minds  of  professional  teachers  ;  "  the  school-master  is  abroad," 
in  search  of  that  educational  knowledge  which  will  qualify  him  to  discharge 
the  important  duties  of  his  profession,  and  elevate  him  and  his  vocation  in 
public  esteem.  The  Principal  of  the  State  Normal  School,  and  the  Profes 
sor  of  Mathematics,  attended  a  number  of  these  county  "  Institutes  "  during 
the  last  autumn,  and  several  of  its  graduates  were  called  upon  to  preside 
over  their  proceedings  and  conduct  the  courses  of  instruction  pursued  in 
them.  The  pertinent  and  instructive  lectures  of  the  former,  and  the  emi 
nently  successful  efforts  of  the  latter,  have  been  duly  appreciated  by  the 
members  of  the  institutes  where  these  services  were  performed,  and  that 
appreciation  has  been  manifested  in  the  most  decided  terms  of  approval. — 
It  may  not  be  out  of  place  to  remark  here,  that  the  expense  of  the  "  asso 
ciations  "  are  paid  by  the  teachers  themselves,  which  is  somewhat  burthen- 
some  to  those  who  are  females,  and  to  others  possessing  limited  means  of 
support.  In  answer  to  a  suggestion  that  some  pecuniary  aid  and  encour 
agement  should  be  granted  to  the  members  attending  these  "  institutes  "  by 
the  legislature,  it  has  been  remarked  that  these  teachers  are  only  fitting 
themselves  to  pursue  a  profession  for  mere  private  gain  or  personal  advan 
tage,  and  why  should  this  particular  class  more  than  any  other,  be  selected 
as  the  recipients  of  legislative  bounty  and  favor  ?  But  does  this  objection 
present  a  full  and  fair  statement  of  all  the  facts  bearing  upon  this  subject '{ 
Our  laws  require  that  a  school  shall  be  taught  in  a  district,  at  least  four 


cognizing  no  act  01  tnis  iuna  as  legal,  wnere  tne  instructor  does  not  possess 
in  form,  the  evidence  of  full  qualification  ;  and  hence  it  becomes  a  matter 
of  the  highest  import  to  the  state,  and  every  member  of  the  community, 
that  these  qualifications  should,  "  in  respect  to  moral  character,  learning  and 
ability  "  and  aptness  to  teach,  be  possessed  by  every  instructor  of  youth. — 


62 

The  general  enquiry  is  more  as  to  the  amount  of  the  teacher's  wages  than  in 
regard  to  fitness;  and  competition  serves  rather  to  cheapen  the  rewards  of 
this  employment,  than  to  encourage  an  emulation  to  excel  among  the  teaoH- 
«rs.  Whether  these  considerations  should  justify  any  pecuniary  relief,  and 
to  what  extent,  must  depend  upon  the  view  taken  of  the  magnitude  of  the 
inconveniences  to  be  overcome  or  removed,  and'the  extent  to  which  the  wel 
fare  of  the  state  may  be  involved  by  permitting  their  continuance." 

The  progress  of  the  Normal  School,  during  the  preceding  year  was  emin 
ently  gratifying  and  satisfactory.  At  the  close  of  the  second  term  thirty  four 
of  the  pupils  received  their  diplomas  as  teachers.  During  its  third  term, 
commencing  on  the  15th  of  October  1845,  the  number  of  its  pupils  had 
increased  to  nearly  two  hundred,  embracing  a  representation  from  fifty  eight 
of  the  fifty-nine  Counties  The  board  of  instruction  was  increased  and 
strengthened  by  the  appointment  of  DARWIN  G.  EATON,  as  teacher  of  Mathe 
matics,  in  conjunction  with  Prof.  PERKINS,  SUMNER  C.  WEBB,  as  Teacher  of 
Arithmetic  and  Geography,  SILAS  T.  BOWEN,  of  Grammar,  WILLIAM  W. 
CLARK,  of  Natural  Philosophy  and  Chemistry,  WILLIAM  F.  PHELPS,  as  Perma 
nent  Teacher  of  the  Model  or  Experimental  School,  and  Miss  ELIZABETH  0. 
HANCE,  as  Teacher  of  Reading  and  History. 

"  The  end  proposed  in  the  establishment  of  the  Normal  School  "  observe 
the  Executive  Committee  in  the  Annual  report  for  the  present  year  "  was 
to  educate  teachers  for  our  common  schools ;  to  send  forth  those  to  take 
charge  of  the  susceptible  minds  of  the  children  of  this  commonwealth,  who, 
together  with  high  moral  principles,  should  possess  the  requisite  knowledge 
of  -the  branches  to  be  taught,  and  withal  be  "  apt  to  teach."  The  school 
was  designed  to  educate  the  mora^  qualities  of  the  instructor — to  impress  him. 
with  the  solemn  responsibilities  of  his  work — so  that  he  might  feel  the  bless 
edness  of  being  patient,  longsuffering  and  unwearied  in  his  efforts  for  the 
good  of  his  pupils.  It  was  intended  to  teach  its  students,  and  by  their  pre 
cept  and  example  to  impress  all  who  aspired  to  the  honor  of  instructing,  that 
the  work  of  teaching  was  so  important  that  no  labor  of  preparation  could  be 
too  great,  since  the  good  that  could  be  accomplished  was  vast,  beyond  the 
powers  of  human  conception  Hence  a  stimulus  was  to  be  imparted  to  the 
teacher,  which  should  never  be  spent,  but  be  continually  operative,  urging  him 
to  the  acquisition  of  higher  attainments  in  virtue,  knowledge  and  aptness  to 
teach.  This,  it  is  conceived,  was  the  philanthropic  end  which  the  legislature 
of  1844  had  in  view,  when  they  established  the  Normal  School." 

On  the  first  day  of  June  of  this  year,  a  Convention  of  Delegates  from  the 
several  Counties  of  the  State  met  at  Albany  for  the  revision  of  the  Constitu 
tion.  On  the  5th  Mr.  BOWIHSH,  of  Montgomery,  moved  for  the  appointment 
of  a  committee  to  inquire  into  the  expediency  of  the  establishment  of  a  sys 
tem  of  FREE  SCHOOLS  for  the  State.  On  the  12th,  a  standing  committee, 
consisting  of  Ma.  NICOLL  of  New- York,  as  chairman,  Messrs.  Munro,  of 
Onondaga  ;  Bowdish,  of  Montgomery;  A.  W.  Young,  of  Wyoming  ;  Tuthill, 
oi'  Orange  ;  Willard,  of  Albany  ;  and  Hunt  of  New- York,  was  appointed  by 
the  President,  (the  Hon  JOHV  TUA.CY,  of  Chenango,)  on  the  subject  of  educa 
tion,  common  schools  and  their  appropriate  funds.  On  the  15th  Mr.  R.  CAMP 
BELL,  of  Obsego  offered  a  resolution  of  inquiry  as  to  the  propriety  of  a  "  con 
stitutional  provision  for  the  security  of  the  common  school,  literature  deposit 
and  other  trust  funds,  from  conversion  or  destruction  by  the  legislature,  and 
the  establishment  of  such  a  system  of  common  schools  as  will,  by  taxation, 
bestow  the  facility  of  acquiring  a  good  education  on  every  child  in  the  State,* 
which  was  adopted  by  the  Convention,  and  referred  to  the  Committee.  On 
the  18th,  the  President  presented  to  the  Convention  a  communication  from  S. 
S.  Randall,  President  of  the  State  Convention  of  County  Superintendents  of 
common  schools,  held  at  Albany,  in  April  preceding,  transmitting  a  preamble 
and  resolutions  in  favor  of  the  PYee  School  System. 

On  the  22d  of  July,  Mr.  NICOLL,  from  the  committee,  reported  for  the  con 
sideration  of  the  Convention,  a  series  of  propositions  designed  to  be  incor 
porated  as  a  part  of  the  new  constitution,  declaring  the  proceeds  of  all  lands 


63 

belonging  to  the  state,  except  such  parts  thereof  as  might  be  reserved,  or  ap 
propriated  to  public  use,  or  ceded  to  the  United  States,  which  shall  hereafter 
be  sold  or  disposed  of,  together  with  the  fund  denominated  the  Common 
School  fund,  and  all  moneys  heretofore  appropriated  by  law  for  the  use  and 
benefit  of  said  fund,  should  be  and  remain  a  perpetual  fund,  the  interest  to 
be  inviolably  appropriated  and  applied  to  the  support  of  common  schools 
throughout  the  state  ;  that  the  net  revenues  of  the  IT.  S.  Deposit  Fund, 
should  likewise  be  inviolably  applied  to  the  same  purpose,  after  meeting  all  ex 
isting  appropriation  ;  and  that  the  legislature  should,  at  its  first  session  after 
the  adoption  of  the  proposed  constitution,  and  from  time  to  time  thereafter  as 
should  be  necessary,  provide  by  law  for  the  free  education  and  instruction  of 
every  child  between  the  ages  of  four  and  sixteen  years,  whose  parents,  guardians 
or  employers,  shall  be  resident  in  the  state,  in  the  Common  Schools  now  establish 
ed,  or  which  should  thereafter  be  established  therein — the  expense  of  such  edu 
cation  and  instruction  after  applying  the  public  funds  as  abcfve  provided,to  be 
defrayed  by  taxation,  at  the  same  time  and  in  the  same  manner  as  provided 
by  law  for  the  liquidation  of  town  and  county  charges.  This  latter  provis 
ion,  relating  to  the  establishment  of  free  schools,  the  committee  proposed  to 
submit  separately  to  the  people  of  the  state,  for  their  sanction. 

On  the  1st  day  of  October,  Mr.  BOWDISH,  of  Montgomery,  made  a  power 
ful  and  eloquent  appeal  to  the  Convention  in  behalf  of  this  great  measure 
of  Free  Schools,  in  which  he  was  sustained  by  Mr.  NICOLL,  of  New  York, 
Mr.  WORDEN,  of  Ontario,  Mr.  PATTERSON,  of  Chautauque,  Mr.  RUSSELL,  of  St. 
Lawrence,  and  others  ;  and  on  the  8th  of  October,  the  day  preceding  the 
adjournment  of  the  Convention,  the  first  section  reported  by  the  committee 
permanently  appropriating  the  proceeds  of  State  lands  and  the  Common 
School  fund,  to  the  support  of  common  schools,  was  after  some  discussion 
adopted  by  a  vote  of  104  to  3.  Mr.  NICOLL  then  moved  the  adoption  of  the 
following  section,  to  be  separately  submitted  to  the  people,  viz  : 

"  §  6.  The  Legislature  shall  provide  for  the  free  education  and  instruc 
tion  of  every  child  of  the  State  in  the  common  schools,  now  established,  or 
which  shall  hereafter  be  established  therein." 

This  section  was  adopted  by  a  vote  of  57  to  53,  on  a  call  for  the  ayes  and 
noes  ;  and  a  provision  added  on  motion  of  Mr.  RUGGLES,  of  Dutchess,  by  a 
vote  of  82  to  26,  directing  the  legislature  to  provide  for  raising  the  neces 
sary  taxes  in  the  several  school  districts,  to  carry  out  the  intention  of  the 
section.  As  thus  modified,  the  entire  ninth  .article  of  the  proposed  con 
stitution,  as  reported  by  the  committee,  was  agreed  to  by  the  convention 
and  ordered  to  be  engrossed.  The  convention  then  took  a  recess  for  dinner. 

On  the  assembling  of  the  Convention  in  the  afternoon,  Mr.  ARPHAXED 
LOOMIS,  of  Herkimer,  offered  a  resoluti«n  to  refer  the  article  to  a  committe  of 
ONE  with  instructions  to  strike  out  the  two  last  sections,  relating  to  the  establish 
ment  of  Free  Schools,  and  report  the  same  as  amended  to  the  Convention 
INSTANTER.  Mr.  TAGGART;  of  Gcnesec.  sustained,  and  Mr.  TOWNSEND,  of 
New  York,  opposed  this  motion  ;  but  under  the  operation  of  the  previous 
question,  it  prevailed  by  a  vote  of  61  to  27  ;  and  Mr.  LOOMIS  being  appoint 
ed  the  committee,  immediately  reported  as  instructed,  and  his  report  being 
agreed  to  by  the  Convention,  the  provision  for  the  establishment  of  Free 
Schools,  as  a  portion  of  the  Constitution  was  finally  defeated. 

The  ninth  article  as  adopted  is  as  follows  : 

"  The  Capital  of  the  Common  School  Fund  ;  the  capital  of  the  Literature 
Fund,  and  the  capital  of  the  United  States  Deposit  Fund,  shall  be  respec 
tively  preserved  inviolate.  The  revenue  of  the  said  common  school  fund 
shall  be  applied  to  the  support  of  common  schools  ;  the  revenue  of  the  said 
literature  fund  shall  be  applied  to  the  support  of  academics  ;  and  the  sum 
of  $25,000  of  the  revenues  of  the  United  States  Deposit  fund  shall  each 
year  be  appropriated  to  and  made  a  part  of  the  capital  of  the  said  common 
school  fund  " 

On  the  1st  of  October,  of  this  year,  'SAMUEL  L.  HOLMES,  Esq.,  of  the 
County  of  Westchester,  received  the  appointment  of  State  Deputy  Superm- 


64 

tendent  of  common  schools,  to  supply  the  vacancy  occasioned  by  the  resig 
nation  and  retirement  on  account  of  ill  health  of  the  then  incumbent  S.  S. 
Randall,  who  had  held  the  office  during  the  two  preceding  administrations, 
and  up  to  the  present  period. 

From  the  annual  report  of  the  Superintendent  for  1847,  it  appeared  that 
the  number  of  organized  school  districts  in  the  state,  on  the  first  of  July 
preceding,  was  11.008  ;  the  number  of  children  between  the  ages  of  5  and 
16,  704,000;  the  number  of  children  of  all  ages  under  instruction  in  the 
common  school  during  the  year  1845,  742,433  ;  the  amount  of  public  money 
applied  during  the  same  year  to  the  payment  of  teachers  wages,  $635,051.15; 
the  amount  contributed  on  rate  bills  for  the  same  purpose  $460,764.78 
making  an  aggregate  of  $1,095,815.93  ;  the  amount  of  public  money  expend 
ed  in  the  purchase  of  libraries  and  school  apparatus  in  the  several  districts, 
$95,881.86,  an^l  the  number  of  volumes  in  the  several  District  Libraries, 
1,203,139,  being  an  increase  during  the  year  reported  of  57,889  volumes. 

"  A  successful  administration  of  the  school  laws  of  the  State,"  observes 
the  superintendent  "  requires  an  intelligent  and  active  local,  as  well  as 
general  supervision ;  and  without  the  former  it  is  believed  the  present  or 
ganization  must  eventually  be  abandoned,  and  one  less  complex  in  its  details 
and  arrangements  and  less  stringent  in  its  requirements,  adopted  in  the 
place  of  it.  Numerous  plans,  no  doubt,  might  be  suggested  on  paper,  giving 
promise  of  great  excellence  if  adopted  ;  but  when  brought  to  the  test  of 
actual  experiment  they  will  entirely  fail  to  accomplish  the  object  designed. 
Radical  changes  in  any  system  of  public  instruction,  perfected  by  years  of 
trial,  and  accommodated  to  the  habits  and  inclination  of  the  community, 
will  be  found  a  hazardous  expedient.  After  struggling  through  a  long 
series  of  years  to  elevate  our  schools,  to  infuse  a  greater  zeal  and  excite  a 
higher  interest  in  regard  to  them,  without  advancing  one  step  in  attaining 
these  objects,  actual  visitation  and  inspection  were  provided  as  a  substitute 
for  an  inefficient  local  supervision  ;  and  this  duty  was  enjoined  upon 
officers  designated  by  law.  The  results  of  this  change  have  been  and  now 
are  seen  and  deeply  felt  in  our  own  state  and  by  our  people,  and  have 
justly  excited  commendation  and  approval  wherever  they  are  known  in 
other  states  of  the  Union. 

"The  actual  external  and  internal  condition  of  our  common  schools, 
always  a  subject  intensely  interesting  to  the  philanthropist,  and  the  patri 
otic  statesman,  is  such  in  the  judgment  of  the  Superintendent  as  will  afford 
much  satisfaction  in  regard  to  the  present,  and  allow  high  hopes  for  the 
future.  That  more  might  have  been  accomplished  since  the  establishment 
of  our  system,  and  under  other  and  more  favorable  circumstances,  is  quite 
probable  ;  but  that  we  now  see  upwards  of  seven  hundred  and  forty  thousand 
of  the  youth  of  our  state  resorting  to  the  common  schools  in  pursuit  of 
knowledge,  should  excite  in  us  profound  gratitude  to  the  All-wise  disposer 
of  national  events,  and  the  highest  respect  for  the  founders  of  the  system." 
The  Superintendent  also  renewed  his  recommendation  of  the  preceding 
year  in  relation  to  the  appropriation  of  the  whole  or  a  portion  of  the 
Library  money  of  the  several  districts,  to  the  payment  of  teachers'  wages, 
under  a  vote  of  the  district  subject  to  the  approbation  of  the  department. 

Under  the  provisions  of  an  act  passed  in  1846,  schools  for  the  instruction 
of  Indian  children  were  organized  on  the  Onondaga,  Cattaraugus,  Allegany 
and  St.  Regis  reservations,  under  circumstances  eminently  favorable  to  the 
intellectual  and  moral  improvement  of  this  class  of  the  population. 

Gov.  YOUNG,  in  his  annual  message  to  the  legislature,  for  the  present  year, 
thus  alluded  to  the  Normal  School : 

"  The  State  Normal  School  continues  to  advance  in  public  estimation  and 
public  usefulness.  Its  only  object  is  to  improve  the  teachers  of  common 
schools,  and  any  progress  in  the  advancement  of  that  object,  it  quite  appa 
rent,  must  exert  a  salutary  influence  on  the  cause  of  education  throughout 
the  state." 


65 

The  Executive  Committee,  in  their  annual  report,  stated  that  the  number  of 
pupils  in  attendance  during  the  fourth  term  of  the  school,  commencing  in 
May,  and  closing  in  September,  1846,  was  205,  and  that  every  county,  with 
a  single  exception,  was  represented.  The  number  of  graduates,  at  the  close 
of  the  third  term,  was  47,  and  of  the  fourth,  63.  "  It  is  found,"  observe  th« 
committee,  "  upon  examination  of  the  school  register,  that  since  Dec.  18, 
1844,  508  students  have  attended  the  school  for  a  longer  or  a  shorter  period. 
Of  this  number  178  are  now  in  the  school ;  6  have  died  ;  14  were  found  to 
be  incompetent  for  teaching,  and  were  at  an  early  day  advised  to  engage  in 
other  pursuits  ;  11  left  on  account  of  ill  health,  unfitting  them  alike  for  study 
or  teaching  ;  and  29  left  at  an  early  period  of  their  connection  with  the 
school,  relinquishing  for  various  reasons  the  purpose  of  teaching.  If  these 
numbers  be  added,  their  sum  will  be  found  to  be  238  ;  and  if  this  last  num 
ber  be  subtracted  from  the  whole  number  on  the  register,  the  remainder  to 
be  accounted  for  is  270.  Of  these  270,  144  are  graduates  of  the  school,  and 
the  committee  knotvthai  129  of  them  have  been  engaged  in  teaching  since 
their  graduation  ;  and  of  the  remaining  15  graduates  one  has  died,  and  the 
rest,  with  the  exception  of  four,  are  believed  to  be  teaching,  though  no  defin- 
ate  knowledge  of  their  pursuits  has  been  obtained.  It  may  also  be  proper 
to  state,  that  those  persons  who  have  not  been  heard  from,  were  graduates  of 
last  term,  and  sufficient  time  has  hardly  elapsed  to  afford  an  opportunity  of 
learning  their  pursuits.  Of  the  remainder  of  the  270,  numbering  126,  who 
left  the  school  prior  to  graduation,  nearly  all,  on  leaving,  declared  that  it 
was  their  intention  to  teach.  84  are  known  to  have  taught  since  they  left, 
and  but  few  of  the  others  have  been  heard  from.  Thus,  it  appears  that  th« 
school  has  sent  out  213  persons,  who,  Avhen  heard  from,  were  actually  engag 
ed  in  teaching.  In  many  instances,  also,  accounts  have  been  received  of  the 
manner  in  which  these  students  were  acquitting  themselves  as  teachers,  and 
the  committee  are  happy  to  say,  that  as  far  as  heard  from,  they  are  giving 
great  satisfaction." 

On  the  13th  of  November,  1847,  the  legislature  passed  an  act  abolishing 
the  office  of  County  Superintendent  of  Common  Schools,  and  directing  that 
all  appeals  authorized  by  law,  to  be  brought  to  them,  should  be  made  direct 
ly  to  the  State  Superintendent,  and  that  the  annual  reports  heretofore  made 
to  them  by  the  Town  Superintendents,  should  be  made  to  the  County  Clerks, 
respectively,  and  condensed  statements  thereof  by  them,  be  transmitted  to 
the  department. 

For  this  measuse  the  friends  of  the  system,  although  they  had,  with  great 
unanimity,  resisted  it  for  a  series  of  years,  were  prepared,  from  the  great  un 
popularity  of  the  office,  growing  out  of  the  mode  of  appointment  and  of  the 
compensation  of  this  class  of  officers.  Their  selection  had  been,  very  inju 
diciously,  confided  to  the  Boards  of  Supervisors  of  the  respective  counties, 
whose  functions,  however  useful  and  important  in  other  respects,  had  no 
particular  reference  to  the  educational  wants  and  interests  of  the  community  ; 
and  who  were,  besides,  to  a  great  extent,  divided  into  political  parties,  upon 
the  varying  supremacy  of  which,  the  choice  of  County  Superintendents  was, 
too  generally  made  to  depend,  without  especial  regard  to  the  intellectual  and 
moral  qualifications  of  the  candidate  for  the  important  and  responsible  sta 
tion  he  was  destined  to  fill.  While,  therefore,  far  the  greater  number  of  of 
ficers  appointed  by  them,  were  men  eminently  qualified  for  the  discharge  of 
their  duties,  there  were  some  who  were  justly  obnoxious  to  the  charge, 
not  only  of  incapacity,  but  of  a  perversion  of  the  high  functions  devolved 
upon  them  to  sinister  personal  and  political  ends  ;  and  the  indignation  excited 
by  these  instances  of  disregard  of  duty  and  moral  obliquity,  gradually  ex 
tended  itself  to  other  localities  where  no  reasonable  grounds  for  suspicion  ex 
isted.  The  pecuniary  burden  likewise,  of  defraying  one-half  the  salary  of 
these  officers  from  the  county  treasuries,  was  magnified  and  dwelt  upon  by 
the  interested  and  designing  ;  and  the  legislature  was  annually  flooded  with 
petitions  for  the  abolition  of  the  office,  as  unnecessary,  oppressive  and  im 
properly  administered.  Committee  after  committee,  to  whom  these  peti- 
5 


tiotui  were  referred,  reported  against  the  adoption  of  the  measure  desired  ; 
aad  the  ablest  and  soundest  arguments  were  brought  to  bear  upon  the  great 
and  manifest  utility  of  the  office.  It  was  clearly  and  repeatedly  shown  that 
the  abuses  complained  of  were  such  as  admitted  of  an  easy  and  practical 
remedy,  while  the  advantage  secured  by  the  retention  of  this  class  of  offi 
cers  could  be  obtained  through  no  other  agency.  Public  clamor,  however,  per 
sisted  in  demanding  the  repeal  of  the  obnoxious  act ;  and  notwithstanding  the 
avowed  and  strong  opposition  of  the  successive  heads  of  the  department,  of  the 
seyeral  committees  of  both  houses  of  the  legislature,  charged  with  the  super 
vision  of  the  interests  of  public  instruction,  and  of  the  great  body  of  the  most 
enlightened  friends  of  education  throughout  the  state,  the  measure  was  finally 
carried  through  at  the  extra  session,  convoked  for  the  purpose  of  enacting  the 
several  new  laws  rendered  necessary  by  the  adoption  of  the  amended  constitu 
tion. 

The  effect  of  this  measure  upon  the  prosperity  of  the  common  school  system 
was,  in  many  essential  respects,  most  disastrous.  During  a  period  of  nearly 
forty  years  its  progress  had  been  uninterruptedly  onward ;  and  a  succession  of 
wise  enactments  had  strengthened  and  matured  its  foundations  and  expanded 
its  usefulness  in  every  direction.  The  abolition  of  that  feature,  which,  more, 
perhaps,  than  any  other,  constituted  its  distinguishing  characteristic,  and  gave 
to  it  its  peculiar  symmetry  and  power,  was  the  first  retrograde  step  in  its  his 
tory.  Its  immediate  consequences  were  felt  in  the  comparative  inefficiency 
and  inutility  of  the  local  and  general  supervision  of  the  schools — in  the  absence 
of  any  connecting  link  between  the  department  and  the  several  town  and  dis 
trict  officers,  and  the  inhabitants  of  the  districts — in  the  discontinuance  of  a  local 
appellate  tribunal,  "where  the  numerous  controversies  constantly  springing  up, 
relative  to  the  external  arragements  of  tlie  various  districts,  might  be  equitably 
adjusted  by  an  officer  on  the  spot — and  in  the  utter  impossibility  of  obtaining 
with  any  accuracy,  those  statistical  details  in  reference  to  the  practical  opera- 
tion  of  the  system,  of  so  great  value  to  the  department,  the  legislature,  and 
the  public.  Town  Superintendents,  however  well  qualified  for  the  specific  dis 
charge  of  the  duties  devolved  upon  them,  were,  for  obvious  reasons,  wholly 
incapable  of  supplying  the  place  in  the  system,  which  had  been  aligned  to  this 
higher  class  of  officers.  Their  jurisdiction  was  strictly  local — their  peculiar  du 
ties  circumscribed — their  influence  necessarily  confined  to  their  respective 
towns — and  their  powers  limi  ed  ;  while  the  county  Superintendents  were  in 
constant  and  regular  communication,  not  only  with  the  head  of  the  department, 
but  with  their  colleagues  throughout  the  state — their  influence  extensive — and 
their  means  of  usefulness  unrestricted. 

At  the  same  time,  the  legislature  passed  the  "  Act  for  the  establishment  of 
Teachers'  Institutes,"  by  which  the  sum  of  sixty  dollars  was  appropriated  an 
nually  from  the  income  of  the  United  States  Deposit  Fund,  payable  on  the 
order  of  the  several  county  treasurers,  to  be  expended  for  the  use  and  benefit  of 
teachers'  institute?,  in  each  of  the  counties  of  tlie  state  where  a  majority  ot  the 
town  superintendents  shall  unite  in  desiring  its  expenditure  for  this  purpose, 
and  file  a  certificate  thereof  with  the  county  clerk.  An  advisory  committee! 
consisting  of  throe  of  such  town  Superintendents,  is  required  to  be  nmnqjntod 
by  the  counly  clerk,  to  make  the  necessary  arrangements  for  organizing  and 
managing  such  institute, ind  public  notice  is  to  be  given  by  him  to  teachers  and 
others  who  may  desire  to  become  euoh,  specifying  the  time  and  place  of  meet 
ing  of  such  institute.  The  advisory  committee  are  also  authorized  to  procure 
the  services  of  suitable  lecturers  and  teachers  for  such  institute.  Whenever 
the  county  treasurer  shall  receive  r-at  is  factory  evidence,  that  not  less  than  f'fty, 
or  in  counties  whose  population  is  under  thirty  thousand,  not  less  lhau  thirty 
teachers,  or  individuals  intending  to  become  such  within  one  year  shall  have 
been  in  regular  attendance  on  .*;uh  iiiRtitilte  for  ten  dpys  he  is  authorized 
and  required  to  audit  and  allow  the  accounts  of  eucn  auvisory  committee,  not 
exceeding  the  sum  of  sixty  dollars,  for  the  expenses  of  such  institute. 

On  the  16th  of  December,  the  various  statutes  relating  to  common  school* 
were  combined  aud  consolidated  into  one  act,  with  such  alterations  aad 


6? 

amendments  aa  were  deemed  expedient.  Town  Superintendents  were 
authorized  to  hold  their  offices  for  two  years  ;  and  to  enter  upon  the  discharge 
of  their  duties  respectively  on  the  first  Monday  of  November,  subsequent  to 
their  election  or  appointment :  and  the  library  law  was  so  modified  as  to 
authorize  the  expenditure  of  the  whole  or  any  portion  of  the  public  money 
received  by  the  respective  districts  for  that  purpose,  with  the  approbation 
of  the  state  Superintendent,  in  the  payment  of  teachers  wages  wherever 
the  number  of  volumes  in  districts  numbering  over  fifty  children  between 
the  age  of  5  and  16  exceeded  one  hundred  and  twenty -five,  or  one  hundred 
in  districts  with  a  less  number  of  children  than  fifty  and  where  the  district 
was  supplied  with  maps,  globes,  black  boards  and  the  requisite  scientific 
apparatus  for  the  use  of  the  school.  Several  other  alterations  of  minor 
importance  were  made  in  the  details  of  the  system ;  and  the  Superinten 
dent  of  common  schools  was  authorized  to  cause  the  amended  act  to  be 
published  and  generally  distributed  throughout  the  state. 

In  his  annual  Message  to  the  Legislature  at  the  opening  of  the  Session  of 
1848,  Gov.  YOUNG,  thus  adverted  to  the  subject  of  education  : 

"  In  our  country,  for  reasons  that  have  been  so  often  and  so  well  stated,  that 
I  need  not  repeat  them,  the  education  of  its  children  has  been,  and  I  trust 
will  continue  to  be,  matter  of  the  deepest  solicitude.  Common  schools,  from 
their  universality,  reaching  every  neighborhood,  and  shedding  their  influ 
ence  upon  every  family  and  into  every  mind,  expelling  the  primary  causes 
of  vice  and  crime,  and  erecting  altars  to  patriotism  and  virtue,  have  justly 
been  considered  the  peculiar  objects  of  legislative  care. 

"  The  practical  importance  of  the  State  Normal  School  for  the  education 
of  teachers  is  begining  to  be  folt, ;  and  in  the  tone,  strength  and  vigor  givca 
to  common  schools  by  distributing  through  the  State,  teachers  who  shall 
have  been  thoroughly  instructed,  it  is  believed  will  be  found  most  convin 
cing  arguments  in  defence  of  reasonable,  but  liberal  appropriations  by  the 
State  to  this  object." 

From  the  annual  report  of  the  Superintendent,  it  appeared  thai;  the  num 
ber  of  school  districts  in  the  state,  on  the  first  of  July  1847,  was  11,062; 
-number  of  children  between  the  agea  of  five  and  sixteen,  700,443  ;  whole 
number,  of  all  ages  instructed  in  the  common  schools  of  the  state  during  the 
year  1846.  748, 387  ;  amount  of  public  money  expended  iu  the  payment  of 
teachers  wage?',  $595,974,20 ;  amount  raised  on  rate  bill  for  the  same 
purpose  $462,840,44  making  an  aggregate  of  $1,058,814,64 ;  amount  of  public/ 
money  expended  in  the  purchase  of  libraries  and  school  apaxatus  $93,7 9 1,4 
29 ;  and  the  number  of  volumes  in  the  several  district  libraries  1,310,986. 
being  an  increase  of  107,8  47,  during  the  year  reported. 

In  reference  to  the  establishment  of  free  schools,  the  Superintendent 
holds  the  fallowing  language  : 

"The  extension  of  free  schrvols  in  the  state  ia  progressing  moderately; 
and  laws  are  passed  nearly  every  session  of  the  Legi.ilature,  providing  for 
their  establishment  in  populous  and  wealthy  villages;  while  the  poorer  and 
less  populous  district*,  in  the  same  towns,  are  left  to  struggle  on,  from  year  to 
year,  in  the  best  way  they  can — sustaining  a  school  perhaps  only  four  months  in 
the  yenr,  to  secure  the  next  apportionment  of  the  public  moneys.  Is  this  policy 
juat  ¥ — 5s  it  rirbt  to  discriminate  in  this  manner,  between  the  school  children  of 
tin;  state?  Why  should  ample  provision  be  made  for  tiie  children  residing  iu 
particular  localities,  and  others  turned  over  to  the  naked  bounties  of  the 
state ;  which,  although  munificent  in  the  aggregate,  are  only  sufficient  to  pay 
IX  few  weeks  tuition  for  each  child  ?  This  great  and  essential  question  turns 
simply  on  the  mode  of  taxation  ;  by  changing  this  and  requiring  the  boards 
of  supervisors,  to  raise  upon  the  counties  respectively,  a  sum  equal  to  the 
amount  apportioned  from  the  treasury  to  each  county  for  the  support  of 
schools,  and  upon  the  towns  another  sum  equal  to  the  apportionment  of  such 
town  from  the  school  fund,  whicli  would  increase  the  local  taxation  upon 
the  counties,  not  to  exceed  five-tenths  of  a  mill  on  the  valuation  in  anj- 
ooumy,  and  our  schools  might  be  rendered  nearly  free  to  every  child  in  the  state. 


"  Our  fellow  citizens  have  heretofore  cheerfully  acquiesced  in  the  imposition 
of  a  tax  to  support  the  government  and  sustain  the  credit  of  the  state,  of 
more  than  twice  the  amount  proposed  to  be  raised  in  the  plan  suggested. 
What  improvement,  internal  or  external,  is  more  worthy  of  the  fostering  care 
of  the  legislature  or  of  greater  importance  to  the  community,  than  the  mental 
improvement  of  those  who  are  soon  to  exercise  all  the  privileges  of  citizens, 
and  wield  the  destinies  of  the  state.  It  would  be  an  unjust  impeachment  of 
the  patriotism  and  good  sense  of  the  people,  to  suppose  they  would  not 
cheerfully  embrace  and  cordially  approve  any  reasonable  measures  which 
^will  reflect  so  much  honor  on  the  present,  and  confer  such  enduring  benefits 
on  the  future." 

In  reference  to  the  abolition  of  the  office  of  county  Superintendent,  he 
observes : 

"  The  act  abolishing  the  office  seemed  to  be  in  accordance  with  the  public 
will,  and  should  be  cheerfully  obeyed ;  but  the  wisdom  and  expediency  of 
the  measure  must  be  tested  by  the  experience  of  the  future.  The  labor  and 
expense  thrown  upon  this  office,  in  consequence  of  this  legislative  act,  cannot 
justly  and  therefore  does  not  form  any  ground  of  complaint  with  the 
undersigned.  With  the  other  official  duties  devolved  upon  the  incumbent  of 
this  office,  a  personal  supervision  and  inspection  of  the  schools,  if  in  any  way 
desirable,  is  wholly  impracticable.  This  question  is  then  presented  to  the 
grave  consideration  of  the  legislature  and  the  people  of  the  state — are  we  to 
dispense  entirely  with  all  personal  visitation,  inspection  and  supervision, 
except  what  may  be  performed  by  the  local  town  officers  ?  and  are  we  not 
hereafter  to  have  any  statistical  information  of  the  relative  condition  of  our 
school  houses  ?  and  of  the  condition  of  the  winter  and  summer  schools  from 
year  to  year,  showing  the  number  of  schools  visited  and  pupils  in  attendance 
at  the  time  ?  the  course  and  extent  of  the  studies  pursued,. with  the  ages, 
sex  and  time  of  the  employment  of  the  teachers,  and  the  compensation 
paid  ?  To  repeat  the  just  encomiums  bestowed  upon  our  system  in  all  its 
parts,  as  it  recently  existed,  and  which  distinguished  educators  and  philan 
thropists  in  other  states  have  urged  upon  the  consideration  of  their  legisla 
tures,  as  worthy  of  being  incorporated  into  their  own  systems,  might  seem 
disrespectful."  *  *  *  *  * 

"  Other  plans  might  be  suggested  that  would,  no  doubt,  if  adopted,  greatly 
add  to  the  efficiency  of  our  local  supervision  and  inspection,  and  take  the 
place  of  that  which  has  recently  been  abolished  ;  but  whether,  at  this  time, 
any  suggestions  of  this  sort  would  be  likely  to  meet  with  public  favor,  may 
well  be  questioned.  From  actual  official  information,  obtained  during  the 
year  1846,  the  undersigned  believed  that  the  amount  of  compensation  paid 
to  town  Superintendents  and  town  officers  for  services  connected  with  the 
schools,  amounted  to  about  $35,000  annually.  It  is  not  supposed  that  this 
amount  exceeds  the  sums  actually  paid  by  the  towns  that  year  ;  nor  will  it 
cover  the  expenses  of  1848,  by  $10,000.  The  duties  of  the  town  Superinten 
dents  must  now  necessarily  be  extended,  and  their  services  increased  ;  and 
the  aggregate  annual  compensation  paid  to  these  officers  will,  it  is  believed, 
on  a  careful  examination,  exceed  $45,000.  Without  any  material  increase 
of  expense,  provision  might  be  made  by  law  for  the  election  by  the  people 
of  inspectors  of  schools,  in  each  Assembly  district,  whose  compensation  should 
be  limited,  and  who  could  conveniently  perform  many  of  the  duties  of  town 
Superintendents  ;  and  thus,  by  dividing  the  labor  and  compensation  between 
these  officers,  the  aggregate  expenses  of  both  would  not  exceed  the  compen 
sation  of  the  latter  officers." 

It  is  due  to  Mr.  BENTON,  to  say  that  in  his  official  capacity  as  Superintendent 
he  resisted  to  the  utmost  extent  of  hie  power  and  influence,  the  retrograde 
movements  of  the  legislature  in  reference  to  the  supervision  of  the  schools  : 
that  he  was  a  firm  and  devoted  advocate  of  the  introduction  of  the  free 
school  principle  as  a  part  of  our  system  of  public  instruction ;  and  that  his 
administration  of  that  system  was  characterised  by  an  enlightened  and  discrim 
inating  regard  to  the  public  interests  and  welfare. 


69 

The  operations  of  the  Normal  School  during  the  year  1847,  tended  to  strength 
en  the  confidence  of  the  people  in  this  Institution  and  to  realize  the  expectations 
of  the  friends  of  education  generally  throughout  the  state.  The  number  of  pu 
pils  varied  from  200  to  220  ;  and  the  semi-annual  graduating  classes  from  45  to 
65.  The  whole  number  of  graduates  up  to  the  1st  of  January  1848,  was  234  ;  of 
whom  222were  actually  engaged  in  teaching  the  common  schools  of  the  state, 
and  the  whole  number  of  pupils  entered  upon  the  register  of  the  Institution  was 
537,  of  whom  421  were  then  employed  in  the  district  schools.  TRUMAN  H. 
BOWEN  had  been  appointed  Teacher  of  Vocal  Music,  in  place  of  Prof.  ILSLET, 
and  Miss  ANN  MAIUA  OSTROM,  Teacher  of  Drawing,  in  place  of  Prof  Howard. 

The  institution  at  this  period  however,  received  a  severe  blow,  and  the 
friends  of  education  sustained  an  irreparable  loss,  by  the  death  of  Mr.  PAGE 
the  Principal  of  the  school,  which  took  place  on  the  1st  day  of  January  1848. 
Although  still  in  the  prime  of  life,  Mr.  PAGE  had  attained  a  reputation  and 
standing  as  a  teacher,  not  surpassed  in  the  Union.  To  intellectual  qualifica 
tions  of  the  highest  order,  he  added  all  those  moral  virtues  and  Christian 
graces  which  are  so  indispensably  requisite  to  the  instructor  of  youth.  He  was 
in  all  respects  admirably  adapted  to  the  performance  of  the  high  functions 
which  had  been  devolved  upon  him :  and  to  the  perfect  order,  system  and 
harmony  which  he  infused  into  all  its  departments,  and  his  luminous  exposition 
of  the  duties,  obligations  and  responsibilities  of  the  pupils  under  his  charge, 
a  large  share  of  the  prosperity,  and  success  of  the  Normal  School  was  pre 
eminently  due.  Fortunately  for  the  interests  and  advantage  of  his  numerous 
pupils  and  admirers,  and  the  profession  of  teachers  generally  throughout  the 
State  and  Union,  he  had  completed  the  preparation  and  publication  of  his 
admirable  course  of  Lectures  annually  delivered  before  the  school,  on  the 
' '  Theory  and  Practice  of  Teaching  " — a  work  which  embraces  a  comprehen 
sive  view  of  the  whole  subject  and  is  in  all  respects  worthy  of  its  distin 
guished  author  and  of  the  great  cause  to  which  he  had,  too  assiduously, 
devoted  his  entire  energies. 

The  Executive  Committee  with  great  unanimity  designated  Prof.  PERKINS  to 
supply  the  station  rendered  vacant  by  the  death  of  Mr.  PAGE.  To  an  inti 
mate  acquaintance  with  the  plans  and  general  policy  of  his  predecessor  in  the 
conduct  and  discipline  of  the  school,  Prof.  PERKINS  added  all  the  intellectual 
and  moral  qualifications  requisite  to  its  successful  administration ;  and  under 
his  supervision  and  direction  the  institution  has  continued  to  maintain  its 
high  reputation,  and  to  dispense  its  blessing  over  every  section  of  the  state . 

Administration  of  CHRISTOPHER  MORGAN — Adoption  of  the  Free  School 
System— 1848  to  1851. 

On  the  first  day  of  January  1848,  the  Hon.  CHRISTOPHER  MORGAN,  of 
Cayuga  entered  upon  the  discharge  of  the  duties  of  the  office  of  Secretary 
of  State  and  Superintendent  of  common  schools,  to  which  he  was  elected  in 
November  preceding.  A.  G.  JOHNSON,  Esq.,  of  Rensselaer,  was  in  March 
thereafter  appointed  by  him  Deputy  Superintendent,  in  place  of  Mr. 
Holmes. 

On  the  1 2th  of  April,  the  legislature  passed  the  "  A  ct  for  the  permanent 
establishment  of  the  Normal  School "  by  which  the  sum  of  fifteen  thousand 
dollars  (afterwards  extended  to  $25,000)  was  appropriated  for  the  erection 
of  a  suitable  building  for  its  accommodation,  and  the  previous  provision  of 
law  applicable  to  its  supervision,  mangement  and  government,  were  made 
permanent.  Under  this  act  the  Executive  Committee  have  erected  a  spacious 
and  convenient  Hall,  in  a  commodious  location  in  the  neighborhood  of  the 
Capitol,  and  of  the  State  Geological  and  Agricultural  Rooms,  in  the  city  of 
Albany,  where  the  sehool  is  now  insuccessful  operation. 

At  the  opening  of  the  session  of  the  legislature  of  1849,  Gov.  FISH,  in  his 
annual  message  expresses  his  belief  "  that  the  restoration  of  the  office  of 
County  Superintendent  would  be  productive  of  good  to  the  school  system." 
In  reference  to  the  Normal  School  he  observes,  "  This  school  is  doing  a  great 
and  good  work.  It  has  ceased  to  be  an  experiment,  and  tinder  its  present 


70 

judicious  management,  it  is  growing  in  the  confidence  of  its  friends,  and 
attracting  the  interest  of  many  who  once  doubted  its  practicability  or  its 
usefulness." 

From  the  annual  report  of  the  Superintendent,  it  appeared  that  the  num 
ber  of  school  districts  in  the  state  on  the  first  day  of  July  preceding  was 
10,621 :  the  number  of  children  between  the  ages  of  5  and  16,  718,128  ;  the 
number,  of  all  ages  under  instruction  during  the  year  1847  in  the  common 
schools  of  the  state  775,723  ;  the  amount  of  public  money  expended  in  the 
payment  of  teachers  wages  during  the  same  year  $639,008,  and  the  amount 
contributed  on  the  rate  bills  for  this  purpose  466,674,  amounting  in  tb* 
aggregate  to  $1,105,682;  the  amount  of  public  money  expended  in  the 
purchase  of  libraries  and  school  apparatus  $81,1624,00  and  the  number  of 
volumes  in  the  several  district  libraries  1,838,848,  showing  an  increase  of 
27,862  volumes  since  the  preceding  year. 

Schools  for  colored  children  had  been  kept  in  fifteen  counties  of  the  etat*, 
at  which  4,741  children  were  in  attendance,  being  an  increase  of  877,  sin«« 
1846,  and  of  2,185  since  1845  :  and  the  amount  of  public  money  apportion 
ed  to  such  schools  was  $16,926.68.  In  a  large  number  of  the  counties,  how 
ever,  no  effort  had  been  made  to  collect  accurate  statistics  in  reference  t» 
these  schools  ;  the  number  of  colored  children  between  the  ages  of  5  and  16 
residing  in  the  state  being  estimated  at  not  lees  than  11,000. 

"  The  colored  population,"  observes  the  Superintendent,  "  is  enumerated 
in  the  census  of  the  State,  and  is  a  part  of  the  basis  of  the  distribution  of 
the  School  Fund.  Colored  children  are  enumerated  by  the  trustees  in  their 
annual  reports,  they  draw  public  money  for  the  district  in  which  they  reside, 
and  are  equally  entitled  with  white  children  to  the  benefit  of  it.  In  tb« 
rural  districts  of  the  State,  colored  children  are  generally  admitted  into  tb« 
Common  Schools. 

"  If  unreasonable  prejudice  exclude  colored  children  from  the  village  schools, 
the  trustees  are  empowered  to  establish  separate  schools  for  them.  Th« 
children  attending  draw  the  public  money  to  which  they  are  entitled,  and  the 
trustees  can  exempt  those  parents  who  are  unable  to  pay  a  rate-bill,  the 
exemptions  becoming  a  charge  upon  the  whole  district.  A  special  appro 
priation  for  incorporated  villages,  only  excites  prejudice  and  parsimony. 
The  trustees  of  the  village  will,  generally,  expend  the  special  appropriation 
for  the  colored  children,  and  the  public  money  drawn  by  them  will  be  shared 
among  the  white  children  of  the  village. 

"  There  seems  to  be  no  satisfactory  reason  for  this  special  appropriation.  It 
cannot  be  justly  urged  that  negroes  are  an  especial  burden  to  incorporated 
villages  any  more  than  to  cities,  or  rural  districts,  and  that  they  are,  therefore, 
entitled  to  an  extraordinary  allowance  of  money  to  educate  them." 

Schools  for  the  instruction  of  Indian  children  had  been  established  upon 
the  St.  Regis,  the  Onondaga,  the  Cattaraugus  and  Allegany,  and  the  Shine- 
cock  Indian  Reservations.  In  that  of  the  St.  Regis  50  children  had  attended 
school  during  a  period  of  nine  months,  the  average  daily  attendance  being  85  ; 
in  that  of  the  Onondaga  61  children  for  11  months,  in  those  of  the  Allegany 
and  Cattaraugus,  229  children ;  and  in  that  of  the  Shinecocks  40. 

The  superintendent  informs  the  legislature  that  about  four  hundred  appli 
cations  had  been  made  to  him  for  his  official  approbation  to  the  diversion  of 
the  whole  or  portions  of  the  Library  money  to  the  payment  of  teachers  wage*, 
under  the  provisions  of  the  act  of  1847.  "He  has  withheld  it,  in  all  cases, 
believing  that  every  volume  of  a  well  selected  library  is  a  perpetual  teacher 
to  all  who  will  go  to  it  for  instruction."  He  expresses  his  belief  •'  that  the 
district  libraries  cannot  be  too  large  and  that  the  people  are  in  no  danger  of 
learning  too  much. 

"  Selections  for  the  district  libraries,  are  made  from  the  whole  range  of 
literature  and  science,  with  the  exception  of  controversial  books,  political  or 
religious ;  history,  biography,  poetry,  philosophy,  mental,  moral  and  natural, 
fiction ;  indeed  every  department  of  human  knowledge  contributes  its  share 
to  the  district  school  library.  The  object  of  this  great  charity  wae  not 


71 

merely  to  furnish  books  for  children,  but  to  establish  in  all  the  school  dii- 
trieta,  a  miscellaneous  library  suited  to  the  tastes  and  characters  of  «rerj 
age.  By  means  of  this  diffusive  benevolence,  the  light  of  knowledge  pene 
trates  every  portion  of  the  State,  and  the  sons  of  our  farmers,  merchant*, 
mechanics  and  laborers,  have  daily  access  to  many  well  selected  books,  of 
which,  but  for  this  sagacious  policy  of  our  State,  a  majority  of  them  would 
have  never  heard.  If  knowledge  is  power,  who  can  calculate  the  energy 
imparted  to  the  people  of  this  State  by  the  district  school,  and  the  district 
library  ? " 

Teachers's  Institutes  had  been  held  under  the  provision  of  the  act  of  1847, 
in  sixteen  counties,  at  which  1096  teachers  had  been  in  attendance.  "Hi* 
Superintendent  recommends  a  considerable  increase  in  the  appropriation  to 
this  object. 

In  reference  to  the  abolition  of  the  office  of  County  Superintendent ,  the 
Superintendent  observes : 

"  It  is  believed  that  the  friends  of  the  Common  School  system  in  the  State, 
rery  generally  desired  the  continuance  of  the  office.  It  was,.however,  abolish 
ed,  without  petitions  from  any  considerable  number  of  citizens,  and  without 
even  proposing  a  substitute. 

"  There  is  now  no  immediate  officer  between  this  Department  and  th* 
town  officers.  Such  an  office  is  needed  as  the  medium  of  communication 
between  this  Department  and  the  nine  hundred  town  superintendents,  and 
eleven  thousand  school  districts.  The  territory  is  too  large ;  its  subdivi 
sions  too  many  ;  its  relations  too  diverse ;  the  local  officers  too  numerous  ; 
and  the  interval  between  the  Department  and  them  too  wide,  to  permit  that 
actual  and  minute  supervision  which  is  necessary  to  an  efficient  administra 
tion  of  the  School  laws. 

"  The  undersigned  would,  therefore,  recommend  to  the  Legislature  two 
measures,  either  of  which,  in  his  opinion,  will  be  approved  by  the  friends  of 
the  Common  School  system,and  will  supply  a  want  daily  felt  in  this  Depart 
ment. 

"  1st.  A  repeal  of  chap.  358,  Laws  of  1847,  restoring  the  office  of  County 
Superintendent,  and  making  it  elective  by  the  people. 

"  2d.  The  election  of  a  Superintendent  in  every  Assembly  district,  except 
in  the  city  of  New  York,  and  the  cities  which  now  have,or  shall  hereafter  have 
a  city  Superintendent,  or  Board  of  Education,  to  manage  their  school  affair ». 

"  If  the  latter  measure  should  be  adopted,  I  would  recommend  that  the 
salary  of  such  officer  be  fixed  at  not  less  than  $200  per  year,  in  each 
Assembly  district,  composed  of  towns  and  that  the  same  be  a  county  charge  ; 
that  the  salary  of  City  Superintendents  be  fixed  by  the  civil  authorities 
thereof,  as  shall  be  provided  in  their  several  charters  or  city  laws  and 
ordinances  ;  and  that  not  less  than  $200  of  such  salary  be  a  county  charge. 
Among  the  powers  and  duties  of  such  District  Superintendent  should  be 
the  following  : — To  make  the  abstract  of  the  reports  of  Town  Superinten 
dents  in  his  district,  at  the  same  time  and  in  the  same  manner  row  requir 
ed  of  the  County  Clerks ;  to  recommend  persons  from  his  district  as  pupils 
in  the  State  Normal  School ;  to  recommend  each  year  two  teachers  in  his  dis 
trict  as  worthy  to  receive  a  State  certificate ;  to  visit  each  school  in  his 
district  at  least  twice  a  year,  once  in  the  summer  and  once  in  the  winter,  to 
make  such  report  of  his  visitation  as  may  be  required  by  the  State  Super 
intendent  ;  to  hear  and  determine  all  the  controversies  arising  in  his  dis 
trict  under  the  school  laws,  an  appeal  being  allowed  from  his  decision  to 
this  Department.  The  Superintendent  makes  these  suggestions  with  diffi 
dence,  and  only  from  a  sense  of  their  necessity;' 

The  superintendent  then  proceeds  to  examine  the  present  condition  of 
the  school  law,  in  reference  to  the  provision  for  the  support  of  schools,  upon 
which  he  bases  a  recommendation  for  the  adoption  of  the  Free  School  sys 
tem  : 

"  The  mode  of  supporting  a  school  under  the  present  system,"  he  observes, 
"  is  as  follows  :  " 


72 

'•  The  Trustees  employ  a  qualified  teacher  for  stipulated  wages.  At  the 
close  of  his  terra,  they  give  him  an  order  upon  the  town  superintendent  for 
sueh  portion  of  the  public  money,  as  may  have  been  voted  by  the  district 
for  the  term,  or  in  case  no  vote  has  been  taken,  for  such  portion  as  they 
think  proper.  But  in  no  case  can  the  Trustees  legally  draw  for  more  money 
than  ia  due  the  teacher  at  the  date  of  the  order.  If  the  public  money  is  not 
sufficient  to  pay  the  teacher's  wages,  the  trustees  proceed  to  make  out  a 
rate-bill  for  the  residue,  charging  each  parent  or  guardian,  according  to  the 
number  of  days'  attendance  of  his  children.  Under  the  present  law,  the 
trustees  have  power  to  exempt  indigent  persons,  and  the  amount  exempted 
is  a  charge  upon  the  district,  and  may  be  immediately  collected  by  tax,  or 
added  to  any  tax  thereafter  levied.  After  the  rate-bill  is  completed,  thirty 
days'  notice  of  its  completion  is  given  by  the  trustees,  one  of  whom  must 
be  in  attendance,  on  a  day  and  place  appointed  in  said  notice,  once  a  week 
for  two  successive  weeks,  to  receive  payment ;  and  during  the  whole  of  the 
said  thirty  days  any  person  may  pay  to  either  of  the  trustees,  or  to  the 
teacher,  the  sum  charged  to  him  upon  the  rate-bill.  At  the  expiration  of 
the  thirty  days,  if  all  the  persons  named  in  the  rate-bill,  have  not  voluntari 
ly  paid,  the  trustees  put  it  with  their  warrant,  into  the  hands  of  the  dis 
trict  collector,  who  has  the  same  authority  to  collect  it  by  levy  and  sale 
of  goods  and  chattels,  aa  a  town  collector.  The  collector  is  also  authorized 
to  collect  fees,  not  only  upon  the  money  paid  to  him,  but  upon  that  paid 
Toluntarily  to  the  trustees  and  teacher,  and  he  is  allowed  thirty  days  to 
make  his  return  to  the  trustees. 

"  A  more  troublesome  or  vexatious  system  could  not  well  be  devised. 

"  A  teacher  having  performed  his  contract,  is  yet  obliged,  unless  the 
trustees  advance  the  money,  to  wait  thirty,  or  sixty  days  for  his  pay.  The 
first  thirty  days'  delay  under  the  notice  is  no  advantage  to  any  one.  The 
time  of  the  trustees  is  spent  uselessly. 

"  Nothing  is  gained  by  payment  to  the  trustees.  Is  there  any  other 
instance  upon  the  Statute  book  in  which  legislation  compels  a  man  to 
wait  sixty  days  for  his  wages  after  he  has  completed  his  work  ?  In  the 
absence  of  any  contract,  the  wages  of  the  laborer  are  due  and  payable,  when 
his  work  is  done.  In  the  case  of  the  teacher,  the  payment  of  his  wages  is 
postponed  for  sixty  days  after  his  school  is  closed,  for  payment  from  trustees 
cannot  be  enforced,  until  the  time  fixed  by  law  for  collection  has  expired. 

"  A  slight  error  in  the  apportionment  of  the  rates,  or  in  the  legal  forms  of 
making  it,  subjects  the  trustees  to  a  suit  by  any  one  of  whom  a  few  cents 
may  have  been  illegally  collected  ;  and,  unfortunately,  there  are  not  want 
ing  in  every  town  persons  ready  to  avail  themselves  of  such  errors. 

"  The  trustees  can,  if  they  choose,  make  out  a  tax  for  the  amount  of  ex 
emptions,  and  the  collector  is  bound  to  collect  it  for  the  trifling  fees,  upon  a 
five,  or  ten  dollar  tax-list. 

"  A  law  has  been  passed,  authorizing  courts  to  deny  costs  to  a  plaintiff  in 
a  suit  against  the  trustees,  and  also  authorizing  boards  of  supervisors  to 
order  a  tax  to  be  assessed  upon  a  district  to  refund  costs  and  expenses  in 
curred  in  suits  by,  or  against  them,  on  account  of  the  discharge  of  their 
official  duties. — But  the  law  allows  them  nothing  for  their  responsibility  and 
labor,  either  in  the  discharge  of  their  duties,  or  in  the  prosecution,  or  defence 
of  suits. 

"  Now,  a  free  school  system  may  be  devised  that  shall  relieve  trustees 
from  the  duty  of  making  out  rate-bills,  or  tax-lists,  in  any  case  and  from  all 
litigation  arising  therefrom,  and  which  shall  secure  to  the  teacher  his  pay 
when  his  work  is  done. 

"  It  may  be  made  applicable  only  to  the  towns,  requiring  the  cities,  how 
ever,  to  make  their  schools  free,  but  leaving  them  to  adopt  such  an  organ 
ization  as  shall  be  suited  to  their  peculiar  wants. 

"Teachers  complain  of  the  rate-bill  system,  not  only  because  it  improperly 
withholds  their  wages,  but  because  the  trustees  find  great  difficulty  in  ex 
ercising  with  fidelity,  and  at  the  same  time  satisfactorily  the  power  of  exemp- 


73 

tion.— While  the  cupidity  of  the  tax-payer  is  excited,  the  pride  of  men  of 
moderate  means  is  aroused,  and  their  sense  of  independence  revolts  at  being 
certified  and  put  upon  the  record  as  indigent  persons. 

"The  rate  bill  system  requires  every  person  to  pay  in  proportion  to  the 
attendance  of  his  children.  How  strong  then  is  the  inducement  of  many 
parents,  to  wink  at  absence,  and  truancy,  and  how  little  are  they  inclined 
to  second  by  parental  authority  the  efforts  of  the  teacher  to  enforce  punctu 
ality  and  regularity  of  attendance.  The  fact  that  the  number  of  children 
attending  school  less  than  four  months,  uniformly  exceeds  the  number  attend 
ing  a  longer  time,  furnishes  strong  evidence  for  believing  that  the  rate  bill 
system  is  the  principal  cause  of  the  irregular  attendance  of  scholars. 

"  Letters  have  been  addressed  to  the  Superintendent  from  various  parts 
of  the  State,  urging  him  to  recommend  to  the  Legislature  the  free  school 
system,  and  assuring  him  that  the  people  are  ready  to  sustain  the  Legisla 
ture." 

"  It  is  urged  by  the  opponents  of  the  system  that  those  who  have  property 
are  taxed  to  educate  their  owp,  as  well  as  the  children  of  the  poor ;  and 
that  those  who  are  blessed  with  property,  but  denied  children,  are  also  obliged 
to  contribute  something  for  the  education  of  the  indigent.  Those  who  have 
omitted  their  duty,  or  are  more  fortunate  than  their  neighbors  in  the  pos 
session  of  property  have  no  reason  to  complain  of  the  trifling  burthen  which 
good  fortune  imposes  upon  them. 

"  Are  property  holders  wronged  or  injured  by  this  system  of  taxation  ? 

"  Property  is  the  creature  of  law.  Its  ownership  is  regulated  by  law. 
Even  the  income  of  some  kinds  of  property  is  limited  by  law.  Human  beings 
are  property  in  South  Carolina  ;  and  the  taxes  assessed  upon  them,  and  paid 
out  of  the  earnings  of  their  labor,  go  to  the  support  of  free  schools,  while  in 
this  state  there  can  be  no  property  in  man. 

"  Land  is  property,  and  in  civilized  countries  it  constitutes  the  bulk  of 
all  property ;  yet  it  is  not  property  in  the  absence  of  law.  What  idea 
of  property  in  land  has  a  Camanche  Indian,  or  a  Calmuck  Tartar  \  To 
him  the  land  is  as  free  for  his  roaming,  as  the  air  for  his  breathing;  or  the 
water  for  his  drink.  The  wild  Bedouin  will  guard  as  his  own,  his  tent,  his 
camel,  his  wife  ;  but  his  laws  are  the  keenness  of  his  scimetar,  and  the  fleet- 
ness  of  his  steed. 

"The  security  of  property  is  one  of  the  paramount  objects  of  government ; 
but  how  shall  that  security  be  attained  ?  By  the  stern  restraints  and  crush 
ing  force  of  military  power  ? 

"  The  experience  of  the  last  year,  in  Europe  and  America,  has  proven  that 
there  is  greater  security  for  persons  and  property,  in  the  general  intelligence 
and  education  of  the  people,  than  in  an  overawing  soldiery. 

"  Europe  has  been  convulsed — cities  have  been  the  scenes  of  fearful  and 
mortal  strife — fields  have  been  laid  waste  by  contending  armies — govern 
ments  have  been  overthrown — revolution  has  followed  revolution — uncer 
tainty  and  insecurity  are  stamped  upon  all  tilings — political  changes  have 
been  effected  only  by  civil  war  and  commotion. 

"  The  people  of  the  United  States  have  effected  the  choice  of  a  Chief 
Magistrate,  involving  a  change  in  the  policy  of  the  government.  It  was 
accomplished  in  a  day,  with  the  cheerful  and  peaceful  acquiescence  of  the 
Union. 

"  These  are  the  results  of  the  intelligence  and  moral  elevation  of  the  Amer 
ican  people. 

"  There  is  a  moral  and  intellectual  power  in  the  universal  education  of 
the  people  which  furnishes  more  abiding  security  for  persons  and  property 
than  disciplined  armies. 

Property  must  be  taxed  to  support  a  soldiery.  Why  should  it  not  then 
contribute  to  a  system  of  protection  which  may  preclude  the  necessity  of 
armies  ? 

"  Crime  and  pauperism  are  too  often  the  results  of  ignorance.  The  detec 
tion  and  punishment  of  the  one  and  the  support  of  the  other,  are  mainly 
effected  by  the  imposition  of  taxes  upon  property. 


74 

"  Is  it  not  wise,  then,  to  establish  a  system  of  education,  universal  and 
complete,  which  may  in  a  great  measure,  prevent  the  commission  of  «riso« 
and  avoid  the  evils  of  pauperism  ? " 

On  the  26th  of  March,  1849,  the  legislature  passed  the  "  Aft  establishing 
fbee  Schools  throughout  the  State"  Its  prominent  provisions  wer«  th«  fol 
lowing  : 

Common  schools  in  the  several  school  districts  in  this  state  were  declared 
free  to  all  persons  residing  in  the  district  over  five  and  under  twenty  -out 
years  of  age.  Persons  not  residents  of  a  district  were  to  be  admitted  ink* 
the  schools  kept  therein  with  the  approbation  in  writing  of  the  trustee* 
thereof,  or  a  majority  of  them. 

It  was  made  the  duty  of  the  several  boards  of  supervisors,  at  their  annual 
meetings,  to  cause  to  be  levied  and  collected  from  their  respective  countie*, 
in  the  same  manner  as  county  taxes,  a  sum  equal  to  the  amount  of  state 
school  moneys  apportioned  to  such  counties  and  to  apportion  the  sam« 
among  the  towns  and  cities  in  the  same  manner  as  the  moneys  received  from 
the  State  are  apportioned.  They  were  also  to  cause  to  be  levied  and  collec 
ted  from  each  of  the  towns  in  their  respective  counties,  in  the  same  manner 
as  other  town  taxes,  a  sum  equal  to  the  amount  of  state  school  moneys  ap 
portioned  to  said  towns  respectively. 

The  trustees  of  each  school  district  within  thirty,  and  not  less  than 
fifteen  days  preceding  the  time  for  holding  the  annual  district  meeting  in 
each  year,  were  directed  to  prepare  an  estimate  of  the  amount  of  monej 
necessary  to  be  raised  in  the  district  for  the  ensuing  year,  for  the  payment 
of  the  debts  and  expenses  to  be  incurred  by  the  district  for  fuel,  furniture, 
school  apparatus,  repairs,  and  insurance  of  school  house,  contingent  expense*, 
and  teachers  wages  exclusive  of  the  public  money  and  the  money  required  by 
law  to  be  raised  by  the  counties  and  towns  and  the  income  of  local  funds,  and 
to  cause  printed  or  written  notices  thereof  to  be  posted  for  two  weeks  pre 
vious  to  said  meeting,  upon  the  school  house  door,  and  in  three  or  more  of 
the  most  public  places  in  said  district.  The  trustees  were  directed  to  present 
such  estimate  to  such  meeting,  and  the  voters  present  of  full  age  residing 
in  such  school  district  and  entitled  to  hold  land  in  the  state,  who  own  or 
lease  real  property  in  such  district,  subject  to  taxation  for  school  purpose*, 
or  who  may  have  paid  any  district  tax  within  two  years  preceding,  or  who 
own  any  personal  property  liable  to  be  taxed  for  school  purposes  in  such 
district,  exceeding  fifty  dollars  in  value,  exclusive  of  such  as  is  exempt 
from  execution,  and  no  others,  were  entitled  to  vote  thereon  for  each  item 
separately,  and  so  much  of  said  estimate  as  shall  be  approved  by  a  majority 
of  such  voters  present,  was  required  to  be  levied  and  raised  by  tax  on  said 
district,  in  the  same  manner  as  other  district  taxes  are  now  by  law  levied 
and  collected. 

Whenever  the  voters  of  any  district  at  their  annual  meeting  refuse  or 
neglect  to  raise  by  tax  a  sum  of  money,  which  added  to  the  public  money, 
and  the  money  raised  by  county  and  towns  will  support  a  school  in  said 
district  for  at  least  four  months  in  a  year,  keep  the  school  house  in  proper 
repair  and  furnish  the  necessary  fuel,  then  it  was  made  the  duty  of  said 
trustees  to  repair  the  school  house,  purchase  the  necessary  fuel,  and  employ 
a  teacher  for  four  months,  and  the  expense  was  directed  to  be  levied  and 
collected  in  the  manner  above  provided. 

Free  and  gratuitous  education  was  to  be  given  to  each  pupil,  in  each  of 
the  common,  public,  ward  and  district  schools  in  the  respective  cities  of 
this  State,  now  incorporated  or  hereafter  to  be  incorporated,  including 
the  schools  of  the  public  school  society  in  the  city  of  New  York,  according 
to  any  law  now  in  force  in  said  cities.  And  by  each  city,  where  such  free 
and  gratuitous  education  is  not  already  established,  laws  and  ordinance* 
were  without  delay,  to  be  passed,  providing  for,  and  securing  and  sustaining 
the  system  in  each  of  their  common,  public,  ward  or  district  schools. 

All  laws  and  parts  of  laws  inconsistent  with  the  provisions  of  the  a«t, 
other  than  those  relating  to  free  schools  in  any  cities  in  this  state,  were 
repeal  ed. 


75 

The  electors  of  the  State  were  to  determine  by  ballot  at  the  annual  elec 
tion  to  be  held  in  November  following,  whether  this  act  should  or  should 
not  beoome  a  law. 

In  case  a  majority  of  the  votes  cast  were  found  to  be  against  such  law, 
the  act  was  to  be  null  and  void ;  otherwise  to  take  effect  immediately. 

At  the  annual  state  election,  held  on  the  6th  of  November,  the  whole 
number  of  votes  cast  for  the  New  School  Law  was  249,872,  and  the  whole 
number  against  it  91,961,  being  a  majority  in  its  favor  of  157,921.  Four 
counties  only,  viz  :  Tompkins,  Chenango,  Cortland  and  Otsego,  giving  major 
ities  against  it,  amounting  in  the  aggregate,  to  1,257,  while  the  aggregate 
majorities  in  its  favor,  cast  in  the  remaining  fifty-four  counties  was  168,18 L 
Mr.  MORGAN  was  re-elected  Secretary  of  state  and  Superintendent  of  Com 
mon  Schools. 

The  following  is  a  statement  of  the  votes  of  the  several  counties,  showing 
the  whole  number  of  votes  given,  and  the  majorities  in  each  for  and  against 
the  act : 


COUNTIES. 

For  the  New 
School  Law. 

Against  the 
New  School 
Law. 

Majority 
for. 

Major 
ag'st. 

Albany,  

8604 
8840 
2584 
4003 
5419 
4648 
2799 
3079 
2855 
5476 
1316 
2789 
7606 
8800 
2633 
1838 
2270 
2758 
2935 
3393 
5997 
8549 
1961 
3851 
3912 
7541 
4222 
21052 
2853 
8506 
7940 
4611 
4448 
2804 
5474 

1806 
1669 
1554 
1303 
3056 
2550 
812 
3511 
747 
987 
925 
2668 
1279 
1642 
854 
460 
1133 
1264 
2140 
1461 
3312 
159 
1206 
1791 
2268 
2323 
785 
1313 
1881 
2911 
2002 
1683 
2288 
1334 
2350 

6798 
2171 
1080 
2700 
2373 
2098 
1987 



Allearanv,... 

Oattaraugus    .   .  .    . 

Gavugra,  .  .  . 

Ohatauque 



Chemung,  

Chenango 

432 

Clinton,  

2108 
4489 
891 
120 
6827 
7258 
1779 
1378 
1137 
1604 
795 
1982 
2685 
8390 
755 
2060 
1644 
5218 
8437 
19739 
972 
4595 
5938 
2928 
2160 
1470 
3124 

Cortland*  

Delaware,  

Erie  

Essex,  

Fulton  and  Hamilton,  



Greene  

Jefferson  

Kings,... 

*   °  ' 
-Lewis   .  .  .  . 

Livingston,  

Madison   



Montgomery,  

New  York  

Niagara,... 

Oneida,  

Onondacra  .  . 

Ontario,  „  

Orange,  



Orleans,  

Oswego    .   .  .   . 

*  Including  the  votes  given  for  and  against  the  "  Free  School  Law,"  and 
for  and  against  the  "  School  Law,"  the  majority  against  the  law  in  this 
county  was  80. 


76 


COUNTIES. 

For  the  New 
School  Law. 

Against  the 
New  School 
Law. 

Majority 
for. 

Major 

ag'st. 

4009 

4019 

10 

Putnam                

1211 

277 

934 

2652 

396 

2256 

Rensselaer        •        • 

7254 

978 

6276 

1437 

22 

1415 

Rockland 

1117 

414 

703 

St  Lawrence     .     ... 

4997 

2546 

2451 

Saratoga 

4749 

2110 

2639 

Schenectady                        .        . 

2304 

304 

2000 

Schokarie,  

2751 

2674 

77 

Seneca, 

2799 

886 

1913 

Steuben,  

5714 

2321 

3393 

Suffolk 

2479 

938 

1541 

Sullivan                        . 

2421 

499 

1922 

Tioffa 

0040 

837 

1506 

Tompkins,  

2459 

3177 

718 

Ulster,  

5688 

1182 

4506 

"\V~arren                                       t 

1708 

679 

1029 

Washington        .                  . 

4109 

2298 

1811 

"Wayne 

4-9*77 

0«1Q 

1658 

W^estchester 

4554 

982 

3572 

Wyoming.  

3000 

1652 

1348 

Yates 

2480 

829 

1651 

249,872 

91,951 

158,181 

1240 

On  the  10th  of  December,  1849,  SAMUEL  S.  RANDALL  was  re-appointed 
Deputy  Superintendent  of  Common  Schools,  in  the  place  of  Mr.  JOHNSON, 
appointed  Deputy  Secretary. 

Notwithstanding  the  almost  unanimous  vote  of  the  electors  of  the  state  in 
favor  of  the  act  of  1849,it  was  met  at  the  outset  of  its  practical  administration 
by  a  violent  and  wide  spead  hostility.  In  nearly  half  the  counties  of  the 
state,  the  Board  of  Supervisors  had  adjourned  their  sessions,  before  the 
official  annunciation  of  its  adoption,  and  consequently  without  making  pro 
vision  for  the  additional  county  tax  required  by  the  second  section.  The 
heavy  deficiency  of  funds  thus  occasioned  was  left  to  be  supplied  by  a  district 
tax ;  and  the  great  inequality  in  the  taxable  property  of  the  several  districts 
was  severely  felt,  and  contributed  to  a  very  great  extent,  to  render  the  prac 
tical  operation  of  the  new  law,  burdensome  and  oppressive.  Many  of  the 
heaviest  tax  payers  had  no  direct  interest  in  the  schools ;  and  in  general 
wherever  they  constituted  a  majority  of  the  legal  voters  of  the  district,  they 
refused  all  appropriations  for  the  support  of  the  school  beyond  the  four 
months  required  by  law.  Petitions  for  a  repeal  or  modification  of  the  law, 
were  forwarded  in  great  numbers  from  every  section  of  the  state :  and  a  very 
general  disaffection  existed  towards  the  new  system. 

By  an  act  passed 'on  the  30th  of  March,  the  sum  of  $250  was  appropriated, 
annually  for  three  years  to  the  Trustees  of  such  Academies  as  the  Regents  of 
the  University,  should  designate  for  that  purpose,  on  condition  that  at  least 
twenty  individuals  in  such  Academies  should  be  instructed  in  the  science  of 
common  school  teaching  for  at  least  four  months  during  each  of  said  years. 

On  the  first  day  of  January,  1850,  the  Superintendent  forwarded  to  the 
legislature  his  annual  report,  by  which  it  appeared  that  the  number  of  school 
districts  in  the  state,  was  11,191,  the  number  of  children  between  five  and 
sixteen  739,655  and  the  whole  number  of  children  taught  during  the  year 
1848,  778,309.  The  recommendation  to  restore  the  office  of  county  Superin- 


77 


tendent,  or  to  create  that  of  assembly  district  Superintendent,  was  renewedly 
urged  upon  the  legislature,  together  with  several  other  important  modification, 
of  the  existing  law. 

Several  bills  were  brought  forward  in  each  branch  of  the  legislature,  in  ac 
cordance  with  these  recommendations,  and  with  the  object  of  removing  the 
obnoxious  features  of  the  new  law.  Able  reports  were  made  by  Mr.  BEEKMAN 
of  New  York,  Chairman  of  the  Literature  Committee  of  the  senate,  and  by 
Mr.  KINGSLEY  of  Cortland  from  a  select  Committee  of  the  assembly,  to  whom 
the  various  petitions  for  a  repeal  or  modification  of  the  law,  were  referred. 
Mr.  BURROUGHS  of  Orleans,  the  Chairman  of  the  Committee  on  colleges,  acade 
mies  and  common  schools,  brought  forward  a  bill,  providing  for  the  levying 
of  a  general  state  tax  of  $800,000  annually,  for  the  support  of  the  schools,  in 
conjunction  with  the  annual  revenue  of  the  school  fund. 

This  bill  passed  the  Assembly  by  a  vote  of  70  in  the  affirmative  to  80  in 
the  negative  ;  but  no  action  was  had  on  it  in  the  Senate.  In  that  body  a 
bill  was  introduced  by  Mr.  MANN,  of  Oneida,  referring  the  question  of  re 
peal  of  the  act  of  1849,  to  the  decision  of  the  people  at  the  ensuing  election, 
which  passed  the  Senate,  and  received  the  assent  of  the  House,  after  mid 
night  of  the  last  day  of  the  session. 

The  friends  of  Free  Schools,  after  the  most  strenuous  and  persevering 
though  ineffectual  efforts  to  obtain  such  amendments  or  modification  of  the 
law  as  might  render  its  provisions  generally  acceptable,  determined,  under 
these  circumstances,  to  oppose  its  unconditional  repeal.  They  united,  with 
great  unanimity,  in  the  call  for  a  State  Convention  at  Syracuse,  which  was 
held  on  the  10th  day  of  July,  the  Superintendent  of  Common  Schools,  Mr. 
MORGAN,  presiding ;  at  which,  resolutions  were  adopted  in  favor  of  the  prin 
ciple  of  Free  Schools,  and  recommending  the  friends  of  education  generally 
throughout  the  State,  to  oppose  the  repeal  of  the  existing  law  with  the  view 
of  amending  and  perfecting  its  details.  An  animated  and  vigorous  canvass 
ensued — the  opponents  of  the  law  insisting  npon  its  unconditional  repeal,  with 
out  regard  to  the  principle  involved,  and  the  friends  of  Free  Schools,  while 
conceding  to  the  fullest  extent  the  objections  urged  against  the  existing  law, 
insisting  upon  its  retention  on  the  Statute  book,  for  the  sake  of  that  princi 
ple,  and  pledging  themselves  to  unite  with  its  opponents  in  such  amendments 
and  modifications  of  the  law  itself,  as  public  opinion  should  demand,  and  the 
best  interests  of  education  require.  So  obnoxious,  however,  were  the  main 
features  of  the  law  to  the  inhabitants  of  the  several  districts  generally,  that 
an  aggregate  majority  of  46,874  was  obtained,  at  the  annual  election  in  the 
fall  of  1860,  in  forty -two  of  the  fifty-nine  counties  of  the  State,  in  favor  of 
its  repeal.  In  the  remaining  seventeen  counties,  including  the  City  and 
County  of  New  York,  the  aggregate  majority  against  repeal  amounted  to 
71,912.  The  whole  number  of  votes  cast  on  this  question  (exclusive  of  im 
perfect  and  scattering  ballots)  was  393,664 ;  of  which  184,308  were  given 
for,  and  209,346  against  the  repeal  of  the  law ;  leaving  a  majority  of  25,038 
against  such  repeal. 

The  following  Statement  of  the  vote  in  the  several  Counties  of  the  State 
for  and  against  the  Repeal  of  the  Free  School  Law,  is  derived  from  the  offi 
cial  returns  to  the  Secretary  of  State's  Office  : 


COUNTIES. 

For  Repeal 
of  the  new 
School  Law 

Against  Repeal 
of  the  new 
School  Law. 

Majority 
for 
Repeal. 

Majority 
against^ 
Repeal.  , 
5272 

3310 
3787 
3021 
3175 
3639 
4724 
2315 
4828 

8582 
2161 
1846 
2196 
3409 
3094 
2135 
2358 

1626 
175 
979 
230 
1630 
180 
2470 

Allesran  v,  .  .          

Cayuga,  

Chautauque,  

Chenango,  

78 


COUNTIES. 

For  Repeal 
)f  the  new 
School  Law 

Against  Repeal 
of  the  new 
School  Law. 

Majority 
for 
Repeal. 

Majority 
against 
Repeal 

Clinton                  w 

1963 

1893 

70" 

Columbia                .     ...   ... 

2566 

4394 

1828 

Cortland 

3150 

1153 

1997 

4068 

2040 

2028 

2841 

6764 

3928 

Erie,  

4672 

6415 

174? 

Essex 

2138 

1559 

579 

1664 

1221 

443 

2510 

1537 

973 

Q-enesee         

2880 

1698 

1132 

39l7 

1847 

13*79 

JTprkimfr       ,,.       ,». 

8-^88 

3038 

50 

6064 

3958 

2106 

Vinfi 

1060 

11136 

10076 

*    %  '  '  

TZOQ 

455 

964 

Jiivinfrston                    < 

8599 

f^d-S 

ir»5i 

OQQ« 

30K.1 

6^2 

5H09 

5031 

68 

Mont'O'orn  ery      ,,,        . 

0953 

3095 

1042 

N*!W°York      ,  

987 

38816 

37827 

3461 

2169 

1292 

7414 

gf)  i  Y 

897 

4657 

6583 

1926 

Ontario        ..•...-,       

87  12 

2970 

742 

•1183 

89*74. 

909 

Orleans        .  .         . 

2,835 

!5°3 

1312 

4941 

3770 

471 

Ots6"O 

3816 

9Q96 

1720 

845 

959 

114 

1542 

2050 

503 

Rensselaer,  

8370 

7176 

3806 

851 

1212 

861 

Ro<3kland  

8'26 

948 

112 

46°8 

S5^9 

1069 

4^1  i 

3077 

1134 

Schenectady      

1365 

1417 

52 

4159 

161  1 

2548 

Seneca       .  . 

1810 

2113 

803 

5377 

4016 

1361 

Suffolk 

00  52 

1884 

368 

Snllivan  

1748 

1475 

273 

Tioffa, 

2784 

1130 

1654 

Tompkins 

4441 

lq.>4 

9517 

Ulster         

3826 

4063 

°37 

Warren  

1806 

11<>2 

704 

Washington  ,  

«S7^6 

2718 

1008 

W^vne      

4742 

26"5 

9137 

2H>4 

4436 

2l>72 

WVorninf      

3155 

1  6  1  0 

1545 

Yates  ..  

2186 

1525 

661 

1184308 

2U9316 

46874 

71912 

Majority  against  repeal,  25,038. 

In  his  annual  message  at  the  opening  of  the  Legislature  of  1851,  Governor 
HUNT  thus  adverted  to  the  subject : 
"The  operations  of  the  act  of  1849,  establishing  free  schools,  have  not 


79 

produced  all  the  beneficial  effects,  nor  imparted  the  general  satisfaction  an- 
fcoipated  by  the  friends  of  the  measure.  It  has  been  the  policy  of  our  State 
from  an  early  period,  to  promote  the  cause  of  popular  education  by  liberal 
sad  enlightened  legislation.  A  munificent  fund  created  by  a  series  of  mea- 
•uree,  all  aiming  at  the  same  great  result,  has  been  dedicated  by  the  Consti- 
tation  to  the  support  of  common  schools,  and  the  annual  dividend  from  this 
•ource  will  gradually  increase.  The  duty  of  the  State  to  provide  such  means 
and  facilities  as  will  extend  to  all  its  children  the  blessings  of  education,  and 
especially  to  confer  upon  the  poor  and  unfortunate  a  participation  in  the  ben 
efits  of  our  common  schools,  is  a  principle  which  has  been  fully  recognized 
and  long  acted  upon  by  the  Legislature  and  the  people. 

"The  vote  of  1849,  in  favor  of  the  free  school  law,  and  the  more  recent 
rote  by  a  reduced  majority  against  its  repeal,  ought  doubtless  to  be  regarded 
ftn  a  re  affirmation  of  this  important  principle,  but  not  of  the  provisions  of 
the  bill,  leaving  it  incumbent  upon  the  Legislature,  in  the  exercise  of  a  sound 
discretion,  to  make  such  enactments  as  will  accomplish  the  general  design, 
without  injustice  to  any  of  our  citizens.  An  eesential  change  was  made  by 
the  law  under  consideration,  in  imposing  the  entire  burthen  of  (he  schools 
upon  property,  in  the  form  of  a  tax,  "without  reference  to  the  direct  benefits 
derived  by  the  tax  payer.  The  provisions  of  the  aet  for  carrying  this 
plan  into  effect,  have  produced  oppressive  inequalities  and  loud  com 
plaints. 

"  In  some  districts  the  discontent  and  strife  attendant  upon  these  evils, 
hare  disturbed  the  harmony  of  society.  An  earnest  effort  should  be  inside 
to  reconcile  differences  of  opinion,  to  remedy  the  grievances  arising  from  the 
imperfect  operation  of  the  law,  and  to  equalize  the.  weight  of  taxation  by 
such  principles  of  justice  and  equity  as  will  ensure  popular  sanction.  The 
8UCCCS3  of  our  schools  must  depend,  in  a  great  degree,  upon  the  united  coun 
sels  and  friendly  co-operation  of  the  people  in  each  small  community  compo 
sing  a  district,  and  nothing  can  be  more  injurious  to  the  system  of  common 
school  education  than  feuds  and  contentions  among  those  who  are  responsible 
for  its  healthful  action  and  preservation. 

"  It  cannot  be  doubted  that  all  property,  estates,  whether  large  or  small, 
will  derive  important  advantages  from  the  universal  education  ofthepeo- 

E"e.  A  well  considered  system,  which  shall  ensure  to  the  children  of  all,  the 
e?eings  of  moral  and  intellectual  culture,  will  plant  foundations  brouc  j-r.d 
deep,  for  public  and  private  Virtue;  and  its  effects  will  be  seen  in  the  dimi 
nution  of  vice  nnd  crime,  the  more  general  practice  of  industry,  solu^ty 
and  integrity,  conservative  and  enlightened  l^islation,  and  universal  obe  U- 
encc  to  the  laws.  In  such  a  community  the  righre  of  property  are  stable,  and 
the  contributions  imposed  on  i!  are  ssseutimly  lightened.  But  I  entertain  a 
firm  conviction  that  the  present  hw  icquirea  a  thorough  revision, and  that  an 
entire  change  in  the  mode  i.t  assessment  w  indispensable." 

On  tlic  7th  of  January.  1851,  Mr.  M:»S(;\N  transmitted  to  the  Legislature 
his  thiH  annual  report  ns  Superint  Ai'.ent,  from  which  it  appears  (Int  the 
whole  number  of  (iistriott?  in  tli£  State  was  1 1,897  ;  the  number  of  children 
between  five  and  sixteen,  on  the  31st  of  December,  1849.  735,188;  and  the 
number  of  children  taught  during  the  preceding  year  in  the  several  common 
school*  of  the  State,  794,500 — being  an  excess  of  59,312  over  the  number 
between  the  a^esof  five  nnd  sixteen,  and  of  16,191  over  the  whole  number 
previously  t wight.  The  entire  expenditure  for  school  purposes,  dining  the 
year  reported,  was  $1, 766,668  24.  The  number  of  volumes  in  the  several 
district  libraries  was  about  1,500,000.  The  Superintendent  again  urged  upon 
the  Legislature  the  importance  of  a  more  thorough  and  efficient  local  super- 
vi-ion.  through  the  agency  of  a  County  or  Assembly  District  Superintendent; 
alluded  to  the  increased  usefulness  and  flourishing  prospects  of  the  Normal 

chcolp  in  which,  in  addition  to  the  usual  course  of  instruction,  a  limited 
number  of  Indian  youth  had  been  received  as  pupils  during  the  preceding 
year;  and  concluded  by  strongly  urging  upon  the  attention  of  the  legislature 
the  expediency  and  necessity  of  such  an  amendment  of  the  existing  law,  ea- 


tablishing  Free  Schools  throughout  the  State,  as  was  demanded  by  an  en 
lightened  public  sentiment.  "The  history  of  the  past  year,"  he  observes, 
"  in  reference  to  this  great  enterprise,  has  been  one  of  mingled  triumph  and 
disaster,  The  principle  incorporated  in  the  '  Act  for  the  establishment  of 
Free  Schools  throughout  the  State'  has  been  again  subjected  to  the  test  of 
public  opinion.  In  their  almost  unanimous  approval  of  that  principle  in  the 
canvass  of  1849,  the  electors  very  generally  overlooked  the  specific  detail* 
of  the  bill  submitted  to  their  sanction,  confiding  in  the  disposition  of  th« 
Legislature  to  modify  such  of  its  features  as  might  be  practically  objection 
able.  Serious  obstacles  to  the  successful  operation  of  the  law  presented 
themselves  almost  upon  the  threshold  of  its  administration.  The  boards  of 
supervisors  in  more  than  one-half  of  the  counties  of  the  State  had  adjourned 
their  annual  sessions  before  the  act  took  effect,  without  making  the  appro 
priations  required  by  its  provisions,  leaving  the  several  school  districts  to 
sustain  a  most  unequal  and  oppressive  burden  of  taxation  for  the  support  of 
their  schools. 

"  Inequalities  in  the  valuations  of  taxable  property  contributed,  in  many 
localities,  greatly  to  aggravate  this  burden,  and  a  spirit  of  opposition  to  th« 
new  law,  inflamed  by  its  determined  opponents,  manifested  itself  at  the 
primary  district  meetings,  and  too  often  resulted  in  the  entire  rejection  of 
the  estimates  prepared  by  the  trustees,  and  the  limitation  of  the  term  of 
school  to  the  lowest  possible  period  authorized  by  law.  Appeals  were  as 
siduously  made  to  the  cupidity  of  the  heavy  tax-payers — their  interest* 
sought  to  be  arrayed  against  that  of  their  less  favored  brethren,  and  against 
the  interests  of  their  children  ;  their  passions  stimulated  by  the  real  inequal 
ities  as  well  as  fancied  injustice  of  the  burdens  imp>sed  by  the  new  law, 
were  readily  enlisted  against  every  attempt  to  carry  it  into  operation.  Nu 
merous  petitions  were  sent  to  the  Legislature,  praying  for  its  repeal,  or  for 
such  amendments  as  might  render  it  more  generally  acceptable. 

"  It  was  obvious  that  the  law  was  liable  to  just  and  serious  objections.,  and 
it  did  not  meet  with  that  general  approval  which  was  necessary  to  ensure  it§ 
success.  Under  these  circumstances,  the  friends  of  the  new  system  wer« 
among  the  first  to  concede  the  defects  of  the  bill,  and  while  urging  the  pres 
ervation  of  the  fundamental  principle  which  it  involved,  were  anxiously  so 
licitous  so  to  modify  the  details  of  the  measure,  as  to  obviate  all  its  obnoxious 
features.  At  their  suggestion  and  with  their  co-operation,  bills  were  introdu 
ced  into  both  branches  of  the  Legislature,  providing  for  a  general  and  equit 
able  system  of  State  or  county  taxation,  for  the  purpose  of  rendering  the 
common  schools  free  to  all,  dispensing  with  the  necessity  of  a  district  assess 
ment,  out  of  which  the  principal  embarrassment  had  originated.  In  the  As 
sembly,  the  measures  thus  proposed  were  approved  by  a  large  majority  ;  th« 
Senate  did  not  concur  in  the  action  of  the  House,  but  sent  to  the  House  a 
bill  proposing  a  re-submission  of  the  law  to  the  people.  At  the  close  of  th* 
session,  and  when  it  became  evident  that  no  modification  of  the  obnoxious 
law  could  be  obtained,  this  bill  received  the  assent  of  the  House. 

"  By  the  adoption  oft  this  measure,  the  friends  of  free  schools  found  them 
selves  in  a  very  embarassing  position;  they  were  compelled  either  to  give  their 
votes  and  influence  in  favor  of  the  continuance  of  a  law,  some  of  the  distinc 
tive  feature  of  which  were  at  variance  both  with  their  wishes  and  judgment, 
or,  by  sanctioning  its  repeal,  hazard  the  principle  which  had  been  deliberate 
ly  adopted  by  the  Legislature,  and  approved  by  the  emphatic  expression  of 
the  public  will.  The  issue  thus  presented  could  not  fail  of  being  greatly  mis 
apprehended.  While  the  electors  secured -the  renewed  triumph  of  the  prin 
ciple  involved,  there  can  be  no  doubt  that  thousands  of  votes  were  cast  for 
the  repeal  of  the  law,  by  citizens  who  desired  only  its  amendment,  and  who 
would  have  recorded  their  suffrages  in  favor  of  a  system  of  free-schools  pro 
perly  guarded,  had  the  form  of  the  ballot  permitted  them  to  do  so. 

"  It  remains  then  for  the  Legislature  to  give  efficacy  to  this  renewed  ex 
pression  of  the  popular  will,  by  the  enactment  of  a  law  which*  shall  definitive 
ly  engraft  the  free  school  principle  upon  our  existing  system  of  primary 


81 

education,  and  at  the  same  time  remove  all  just  cause  of  complaint  as  to  the 
inequality  of  taxation.  District  taxation  has  been  found  to  be  unjust,  un 
equal  and  oppressive.  It  should  therefore  at  once  be  abandoned,  so  far  as 
the  ordinary  support  of  the  schools  is  concerned.  The  funds  necessary  for 
payment  of  teachers'  wages,  in  addition  to  the  amount  received  from  the 
State  Treasury,  should  be  provided  either  by  a  State  tax  equitably  levied  on 
real  and  personal  property  according  to  a  fixed  and  uniform  valuation,  by 
a  county  and  town  tax,  levied  and  assessed  in  the  same  manner,  or  by  such 
a  combination  of  these  three  modes  as  might  be  deemed  most  expe 
dient  and  judicious. 

"  The  common  schools  of  the  State  should  be  declared  free  to  every  resi 
dent  of  the  respective  districts,  of  the  proper  age  to  participate  in  their 
benefits  ;  and  their  support  should  be  made  a  charge  upon  the  whole  pro 
perty,  either  of  the  state  at  large,  or  of  the  respective  counties  and  towns 
in  which  they  are  situated. 

"  The  bill  which  passed  the  Assembly  at  its  last  session,  provided  for  the 
levying  of  an  annual  tax  of  $800,000  on  the  real  and  personal  property  of 
the  state  according  to  the  assessed  valuation  of  such  property,  and  for  the 
distribution  of  the  aggregate  amount  so  to  be  raised,  among  the  several 
counties  and  towns  of  the  state,  according  to  the  number  of  children, 
of  proper  school  age,  residing  in  each.  This  sum,  together  with  the  amount 
annually  apportioned  from  the  revenue  of  the  common  school  fund,  would, 
it  was  supposed,  be  sufficient  for  the  support  of  the  several  schools  of 
the  state,during  an  average  period  of  eight  months  in  each  year.  The  whole 
amount  expended  for  teachers'  wages,  during  the  year  1849,  was  $1,322,- 
696  24,  to  which  is  to  be  added  an  aggregate  amount  of  $110,000  for 
library  purposes,  making  in  the  whole  $1,432,696  24.  The  superintendent, 
however,  entertains  no  doubt  that  the  amount  proposed  to  be  raised  by  the 
bill  referred  to,  in  conjunction  with  the  State  appropriation,  the  revenue 
for  which  is  rapidly  and  steadily  increasing,  will  be  amply  adequate  to 
the  payment  of  teachers'  wages  for  the  average  length  of  time  during  which 
the  schools  have  heretofore  been  taught,  and  to  the  annual  and  adequate 
replenishment  of  the  libraries  and  necessary  apparatus  in  the  schools. 

"  Under  the  present  defectively  administered  system  of  assessment,  how 
ever,  such  a  tax  will  operate  very  unequally  in  different  sections  of  the 
State.  The  standard  of  valuation,  both  of  real  and  personal  property,  varies, 
as  is  well  known,  in  nearly  every  county  of  the  State  ;  while  in  some  it  is 
estimated  at  its  fair  and  market  value,  in  others  it  is  assessed  at  three- 
fourths,  two-thirds  and  sometimes  as  low  as  one-half  its  actual  value.  If, 
therefore  the  existing  standard  of  valuation  is  to  be  made  the  basis  of  the 
apportionment  of  the  proposed  tax,  it  is  manifest  that  a  very  unjust  and 
oppressive  burden  will  be  cast  upon  those  counties  where  the  assessment  is 
in  strict  accordance  with  the  provisions  of  law,  for  the  benefit  of  those 
sections  in  which  its  requirements  are  evaded  by  an  arbitrary  standard  of 
valuation. 

"  The  distribution  of  money  when  raised,  serves  likewise  to  render  this 
disproportion  still  more  manifest,  that  being  based  upon  the  population  ac 
cording  to  the  last  preceding  census  of  the  respective  counties." 

"  Should  the  legislature  deem  it  expedient  to  charge  the  annual  support 
of  the  schools,  over  and  above  the  revenue  of  the  school  fund,  upon  the 
taxable  property  of  the  State,  and  to  retain  the  existing  mode  of  distribu 
tion,  the  necessity  of  devising  some  mode  by  which  the  standard  of  valua 
tion  should  be  as  nearly  as  practicable  uniform  thoughout  the  state,  will  be 
apparent.  If  thia  can  be  accomplished,  or  if  the  distribution  of  the  funds 
raised  were  directed  to  be  made  upon  the  same  basis  with  the  apportion 
ment  of  the  tax,  there  can  be  no  doubt,in  the  judgment  of  the  Superintendent, 
that  a  state  tax  for  the  support  of  our  common  schools  will  prove  the 
simplest,  most  efficient  and  beneficial  mode  of  providing  for  the  object  in 
view :  the  establishment  and  maintenance  of  a  system  of  free  school  educa 
tion,  in  accordance  with  the  expressed  wishes  of  the  inhabitants  of  the  State. 
6 


82 

"  If,  however,  this  were  found  impracticable,  the  same  result  may  be 
obtained  by  requiring  the  board  of  supervisors  of  each  county  of  the  State 
to  raise  twice  the  amount  apportioned  to  the  county,  as  a  county  tax,  and 
levy  an  equal  amount  as  a  town  tax,  in  the  mode  prescribed  by  the  exist 
ing  law,  which  requires  only  an  equal  amount  to  be  levied  as  a  county  and 
town  tax  respectively.  This  provision  would  simply  increase  the  amount 
of  school  money  now  by  law  required  to  be  raised,  one  third,  while  it  would 
entirely  dispense  with  district  taxation,  for  the  current  support  of  the  schools. 
Inequalities  in  the  standard  of  valuation  adopted  by  the  respective  counties, 
would  in  this  case  prove  unjust  and  burdensome  to  none  ;  as  the  existing  law 
has  made  complete  provision  for  the  adjustment  of  such  inequalities  in  the 
case  of  joint  districts  formed  from  parts  of  two  or  more  counties  or  towns. 
The  whole  amount  of  taxable  property  of  ^each  county  would  contribute 
in  equal  and  fair  proportions  to  the  support  of  the  schools  located  in  its 
territory  ;  and  the  angry  dissensions  growing  out  of  the  necessity  of  dis 
trict  taxation,  the  fruitful  source  of  nearly  all  the  opposition  which  has  been 
made  to  the  existing  law,  would  be  averted. 

"  In  apportioning  the  public  money,  and  the  money  raised  by  a  county  or 
State  tax  among  the  several  school  districts,  the  Superintendent  is  of  opin 
ion  that  some  more  effectual  provision  than  now  exists,  should  be  made  for 
the  smaller  and  weaker  districts,  upon  whom  the  burden  of  supporting  a 
school  for  any  considerable  length  of  time  during  the  year,  is  peculiarly 
oppressive.  If  a  specified  amount,  say  for  instance  fifty  dollars,  were  re 
quired  to  be  apportioned  to  every  duly  organized  district  whose  report  for 
the  preceding  year  shall  be  found  in  accordance  with  law,  leaving  the  balance 
to  be  apportioned  according  to  the  number  of  children  between  the  ages  of 
four  and  twenty-one  years  residing  in  the  district,  the  necessary  encour 
agement  would  be  afforded  to  every  district,  however  limited  its  means,  or 
however  sparse  its  population,  while  ample  resources  would  be  left  for  larger 
and  more  populous  districts.  The  several  districts  being  thus  furnished 
with  adequate  funds  for  the  maintenance  of  efficient  schools  during  an 
average  period  of  eight  months  in  each  year,  the  trustees  should  be  peremp 
torily  required  to  expend  the  moneys  thus  placed  at  their  disposal,  in  the 
employment  of  suitably  qualified  teachers  for  such  a  length  of  time  as  those 
means  may  justify. 

"  Such  an  arrangement  would,  it  is  believed,  prove  almost  universally  ac 
ceptable  to  the  people  of  the  State.  The  principle  involved  has  repeatedly 
received  the  sanction  of  public  sentiment.  It  is  in  accordance  with  the 
enlightened  spirit  of  the  age.  It  is  the  only  system  compatible  with  the 
genius  and  spirit  of  our  republican  institutions.  It  is  not  a  novelty,  now 
for  the  first  time  sought  to  be  engrafted  upon  our  legislation,  but  a  princi 
ple  recognized  and  carried  into  practical  operation  in  our  sister  State  of 
Massachusetts  from  the  earliest  period  of  its  colonial  history — indentified 
with  her  greatness  and  prosperity,  her  influence  and  her  wealth,  and  trans 
planted  from  her  soil  to  that  of  some  of  the  younger  States  of  the  Union. 

"  In  each  of  our  own  cities,  and  in  many  of  our  larger  villages,  it  has 
been  established  and  successfully  sustained  by  the  general  approval  of  their 
citizens,  and  wherever  it  has  obtained  a  foothold  it  has  never  been  abandon 
ed.  It  is  only  requisite  to  adjust  the  details  of  the  system  equitably  and 
fairly,  to  commend  it  to  the  approbation  of  every  good  citizen  as  the  noblest 
palladium  and  most  effectual  support  of  our  free  institutions. 

"  The  existing  law  has  excited  a  degree  of  opposition  which  was  not  an 
ticipated,  but  it  is  believed  that  it  has  grown  out  of  the  defects  of  the  law, 
rather  than  from  any  prevailing  hostility  to  the  principle  of  free  schools. 

"  No  law  can  be  successfully  and  prosperously  administered  under  our 
government,  which  does  not  receive  the  general  approval  of  the  people.  It 
is  the  earnest  desire,  therefore,  of  the  Superintendent,  that  the  present  law 
should  be  so  amended  as  to  produce  greater  equality — to  remove  all  reason 
able  ground  of  complaint,  and  to  render  our  great  system  of  education  more 
efficient  and  useful. 


63 

"The  idea  of  universal  education  is  the  grand  central  idea  of  the  age. 
tJpon  this  broad  and  comprehensive  basis,  all  the  experience  of  the  past,  all 
the  crowding  phenomena  of  the  present,  and  all  our  hopes  and  aspirations 
for  the  future,  must  rest.  Our  forefathers  have  transmitted  to  us  a  noble  in 
heritance  of  national,  intellectual,  moral  and  religious  freedom.  They  have 
confided  our  destiny  as  a  people  to  our  own  hands.  Upon  our  individual 
and  combined  intelligence,  virtue  and  patriotism,  rests  the  solution  of  the 
great  problem  of  self-government.  We  should  be  untrue  to  ourselves,  un 
true  to  the  cause  of  liberty,  of  civilization  and  humanity,  if  we  neglected 
the  assiduous  cultivation  of  those  means,  by  which  alone  we  can  secure  the 
realization  of  the  hopes  we  have  excited.  Those  means  are  the  universal 
education  of  our  future  citizens,  without  discrimination  or  distinction. 
Wherever  in  our  midst  a  human  being  exists,  with  capacities  and  faculties 
to  be  developed,  improved,  cultivated  and  directed,  the  avenues  of  knowl 
edge  should  be  freely  opened,  and  every  facility  afforded  to  their  unrestrict 
ed  entrance.  Ignorance  should  no  more  be  countenanced  than  vice  and 
crime.  The  one  leads  almost  inevitably  to  the  other.  Banish  ignorance, 
and  in  its  stead  introduce  intelligence,  science,  knowledge  and  increasing 
wisdom  and  enlightenment,  and  you  remove,  in  most  cases,  all  those  incen 
tives  to  idleness,  vice  and  crime,  which  now  produce  such  a  frightful  har 
vest  of  retribution,  misery  and  wretchedness.  Educate  every  child,  '  to  the 
top  of  his  faculties,'  and  you  not  only  secure  the  community  against  the 
depredations  of  the  ignorant  and  the  criminal,  but  you  bestow  upon  it,  in 
stead,  productive  artisans,  good  citizens,  upright  jurors  and  magistrates,  en 
lightened  statesmen,  scientific  discoverers  and  inventors,  and  the  dispensers 
of  a  pervading  influence  in  favor  of  honesty,  virtue  and  true  goodness. 
Educate  every  child  physically,  morally  and  intellectually,  from  the  age  of 
four  to  twenty-one,  and  many  of  your  prisons,  penitentiaries  and  alms-hous 
es  will  be  converted  into  schools  of  industry  and  temples  of  science,  and 
the  immense  amount  now  contributed  for  their  maintenance  and  support 
will  be  diverted  into  far  more  profitable  channels.  Educate  every  child — 
not  superficially — not  partially — but  thoroughly — develope  equally  and 
healthfully  every  faculty  of  his  nature — every  capability  of  his  being — and 
you  infuse  a  new  and  invigorating  element  into  the  very  life  blood  of  civili 
zation — an  element  which  will  diffuse  itself  throughout  every  vein  and  arte 
ry  of  the  social  and  political  system,  purifying,  strengthening  and  regenera 
ting  all  its  impulses,  elevating  its  aspirations,  and  clothing  it  with  a  power 
equal  to  every  demand  upon  its  vast  energies  and  resources. 

"  These  are  some  of  the  results  which  must  follow  in  the  train  of  a  wisely 
matured  and  judiciously  organized  system  of  universal  education.  They 
are  not  imaginary,  but  sober  inductions  from  well  authenticated  facts — de 
liberate  conclusions  from  established  principles,  sanctioned  by  the  concur 
rent  testimony  of  experienced  educators  and  eminent  statesmen  and  phi 
lanthropists.  If  names  are  needed  to  enforce  the  lesson  they  teach,  those 
of  Washington,  and  Franklin,  and  Hamilton,  and  Jefferson  and  Clinton,  with 
a  long  array  of  patriots  and  statesmen,  may  be  cited.  If  facts  are  required 
to  illustrate  the  connection  between  ignorance  and  crime,  let  the  official  re 
turn  of  convictions  in  the  several  courts  of  the  State  for  the  last  ten  years 
be  examined,  and  their  instructive  lessons  be  heeded.  Out  of  nearly  28,000 
persons  convicted  of  crime,  but  128  had  enjoyed  the  benefits  of  a  goodcom- 
mon  school  education  ;  414  only  had  what  the  returning  officers  characterize 
as  a  '  tolerable'  share  of  learning ;  and  of  the  residue,  about  one-half  only 
could  either  read  or  write.  Let  similar  statistics  be  gathered  from  the 
wretched  inmates  of  our  poor  house  establishments,  and  similar  results 
would  undoubtedly  be  developed.  Is  it  not,  therefore,  incomparably  better, 
as  a  mere  prudential  question  of  political  economy,  to  provide  ample  means 
for  the  education  of  the  whole  community,  and  to  bring  those  means  within 
the  reach  of  every  child,  than  to  impose  a  much  larger  tax  for  the  protection 
of  that  community  against  the  depredations  of  the  ignorant,  the  idle  and 
the  vicious,  and  for  the  support  of  the  imbecile,  the  thoughtless  and  intem 
perate  ? 


84 

"  Every  consideration  connected  with  the  present  and  future  welfare  of 
the  community — every  dictate  of  an  enlightened  humanity — every  impulse 
of  an  enlarged  and  comprehensive  spirit  of  philanthropy,  combine  in  favor 
of  this  great  principle.  Public  sentiment  has  declared  in  its  favor.  The 
new  States  which,  within  the  past  few  years,  have  been  added  to  the  Con 
federacy,  have  adopted  it  as  the  basis  of  their  system  of  public  instruction; 
and  the  older  States,  as  one  by  one  they  are  reconstructing  their  fundamen 
tal  laws  and  constitutions,  are  engrafting  the  same  principle  upon  their  in 
stitutions.  Shall  New  York,  in  this  noble  enterprise  of  education,  retrace 
her  steps  ?  Shall  she  disappoint  the  high  hopes  and  expectations  she  has 
excited,  by  receding  from  the  advanced  position  she  now  occupies  in  the  van 
of  educational  improvement  ?  Her  past  career,  in  all  those  elements  which 
go  to  make  up  the  essential  wealth  and  greatness  of  a  people,  has  been  one 
of  progress  and  uninterrupted  expansion.  Her  far-seeing  legislators  and 
statesmen,  uninfluenced  by  the  skepticism  of  the  timid,  the  ignorant  and. 
the  faithless,  and  unawed  by  the  denunciations  of  the  hostile,  prosecuted 
that  great  work  of  internal  improvement  which  will  forever  illustrate  the 
pride  and  glory  of  her  political  history.  The  rich  results  of  the  experiment 
thus  boldly  ventured  upon  have  vindicated  their  wisdom.  Is  the  develop 
ment  of  the  intellectual  and  moral  resources  of  her  millions  of  future  citi 
zens  an  object  of  less  interest,  demanding  a  less  devoted  consecration  of  the 
energies  of  her  people,  and  worthy  of  a  less  firm  and  uncompromising  per 
severance  ? 

"  Disregarding  the  feelings  of  the  present  hour,  and  looking  only  to  the 
future,  will  the  consciousness  of  having  laid  the  foundation  for  the  universal 
education  of  our  people  be  a  less  pleasing  subject  of  contemplation  than 
that  of  having  aided  in  replenishing  the  coffers  of  their  wealth  ? 

"  In  conclusion,  the  Superintendent  cannot  feel  that  he  has  fully  met  the 
responsibility  devolved  upon  him  by  his  official  relations  to  the  schools  of 
the  State,  were  he  to  fail  in  again  urging  upon  the  Legislature  the  definite 
adoption  of  this  beneficent  measure.  Let  its  details  be  so  adjusted  as  to 
bear  equally  upon  all,  oppressively  upon  none.  Let  every  discordant  ele 
ment  of  strife  and  passion  be  removed  from  the  councils  of  the  districts,  let 
the  necessary  assessment  for  the  great  object  in  view  be  diffused  over  the 
vast  aggregate  of  the  wealth  and  property  of  the  State.  Then  let  teachers, 
worthy  of  the  name,  teachers  intellectually  and  morally  qualified  for  the 
discharge  of  their  high  and  responsible  duties,  dispense  the  benefits  and 
riches  of  education,  equally  and  impartially,  to  the  eight  hundred  thousand 
children  who  annually  congregate  within  the  district  school  room. 

"  The  children  of  the  rich  and  the  poor,  the  high  and  the  low,  the  native 
and  the  foreigner,  will  then  participate  alike  in  the  inexhaustible  treasures 
of  intellect,  they  will  commence  their  career  upon  a  footing  of  equality,  un 
der  the  fostering  guardianship  of  the  State,  and  will  gradually  ripen  into 
enlightened  and  useful  citizens,  prepared  for  all  the  varied  duties  of  life, 
and  for  the  full  enjoyment  of  all  the  blessings  incident  to  humanity." 

Numerous  petitions  were  forwarded  to  the  legislature  from  different  sec 
tions  of  the  state,  for  the  repeal  or  amendment  of  the  act  of  1849.  On  the 
6th  day  of  February,  Mr.  T.  H.  BENEDICT,  of  Westchester,  from  the  majority 
of  the  Assembly  committee  on  colleges,  academies  and  common  schools,  pre 
sented  an  elaborate  and  able  report,  accompanied  by  a  bill  "  to  establish 
Free  Schools  throughout  the  State."  This  bill  declared  common  schools 
free  to  every  child  between  the  ages  of  five  and  twenty -one  years  ;  directed 
the  levying  of  an  annual  state  tax  of  $800,000  for  their  support,  in  addition 
to  the  funds  already  provided  by  the  constitution ;  and  provided  for  any 
balance  that  might  be  necessary  for  the  payment  of  teachers'  wages  by  a 
poll  tax  to  be  levied  by  the  trustees  on  the  inhabitants  of  the  respective 
districts.  Mr.  BURROUGHS,  of  Orleans  from  the  minority  of  the  committee, 
reported  a  bill  entitled  "  An  act  in  relation  to  Common  Schools,"  directing 
the  sum  of  $800,000  to  be  annually  levied  by  a  state  tax,  one-fourth  of 
the  avails  of  which  together  with  one-fourth  of  all  other  monies  applicable 


85 

to  the  -support  of  common  schools  -was  directed  to  be  equally  divided  among 
the  several  school  districts,  and  the  residue  to  be  apportioned  according  to 
the  number  of  children  residing  in  each  between  the  ages  of  five  and  twenty- 
one  ;  and  any  balance  requisite  to  be  raised  by  rate  bill. 
After  a  protracted  discussion  of  several  weeks  the  bill  entitled  "  AN  ACT 

TO    ESTABLISH    FREE    SCHOOLS   THROUGHOUT   THE    STATE,"    Was  passed  by  &  Vote 

of  72  to  21.  By  this  act  the  several  common  schools  of  the  state  was  de 
clared  free  to  all  persons  residing  in  the  several  districts  over  five  and 
under  twenty-one  years  of  age,  as  thereinafter  provided ;  an  annual  state  tax 
of  $800,000  was  directed  to  be  levied  for  their  support,  one-third  of  which 
and  of  all  other  monies  applicable  to  the  support  of  common  schools,  was 
directed  to  be  equally  divided  among  the  several  districts,  and  the  residue 
to  be  apportioned  according  to  the  number  of  children  between  the  ages 
of  five  and  twenty-one  ;  and  any  balance  required  for  the  payment  of  teach 
ers'  wages,  to  be  provided  for  by  a  rate-bill,  exempting  all  indigent  persons. 
All  property  exempt  by  law  from  levy  and  sale  on  execution  was  declared 
to  be  exempt  from  the  operation  of  the  collectors  warrant,  on  such  rate 
bills.  On  the  10th  of  April,  this  bill  passed  the  Senate  without  amend 
ment,  by  a  vote  of  22  to  4,  and  on  the  12th  of  April,  was  signed  by  the 
Governor  and  became  a  law. 

Among  those  who  by  their  exertions  and  influence,  contributed  materially 
to  the  final  establishment  and  recognition  of  the  Free  School  principle,  and  its 
incorporation  as  a  fundamental  portion  of  our  Common  School  System,  we 
may  be  permitted  without  disparagement  to  others  less  prominently  connected 
with  this  important  movement,  to  enumerate  Governors  SEWARD  and  HUNT, 
Superintendents  YOUNG,  BENTON  and  MORGAN,  JAMES  W.  BEEKMAN,  HORACE 
GREELEY  and  HENRY  J.  RAYMOND  of  New  York ;  THOMAS  LEGGETT,  Jr.  of 
Queens ;  Hon.  FRANKLIN  TUTHILL  of  Suffolk,  A.  Wi  LEGGETT,  CALEB  ROSCOE 
and  THEODORE  H.  BENEDICT  of  Westchester  :  ALEXANDER  G.  JOHNSON,  HENRY 
B.  HASWELL,  JOHN  O.  COLE,  FRANKLIN  TOWNSEND,  JOHN  V.  L.  PRUYN,  BRAD 
FORD  R.  WOOD,  Rev.  HENRY  MANDEVILLE,  FRIEND  HUMPHREY,  J.  N.  T.  TUCKER, 
J.  W.  BULKLEY  and  WILLIAM  F.  PHELPS  of  Albany,  Gen.  JOHN  E.  WOOL,  Prof. 
BAERMAN  and  GEORGE  M.  TIBBITTS  of  Rensselaer ;  JOHN  BOWDISH  of  Mont 
gomery  ;  HALSEY  R.  WING  of  Warren  ;  WILLIAM  L.  CRANDALL,  editor  of  the 
Free  School  Clarion;  HARVEY  BALDWIN,  CHARLES  B.  SEDGWICK,  Rev.  SAMUEL 
J.  MAY,  E.  W.  CURTIS,  BENJAMIN  COWLES,  and  the  members  of  the  Teachers 
Association  of  Onondaga  ;  O.  B.  PIERCE,  of  Oneida ;  Dr.  JOHN  MILLER,  SAMUEL 
B.  WOOLWORTH  and  LEWIS  KIXGSLEY  of  Cortland  ;  ALANSON  HOLLEY  of  Wy 
oming  ;  Gen.  W.  S.  HUBBELL  and  DAVID  MCMASTER  of  Steuben  ;  CALEB  LYON 
of  Lewis  ;  Dr.  H.  D.  DIDAMA  of  Seneca;  SALEM  TOWN  of  Cayuga;  JABEZ  D. 
HAMMOND  of  Otsego  ;  President  NOTT  of  Union  College ;  O.  G.  STEELE  and 
Messrs  STARR  <fc  RICE  of  Erie  ;  SILAS  M.  BUROUGHS  of  Orleans ;  0.  ARCHER 
of  Wayne  and  CHARLES  R.  COBURN  of  Tioga.  There  were  numerous  other 
active  and  influential  friends  of  education,  in  different  sections  of  the  state, 
whose  services  and  exertions  in  behalf  of  this  great  measure,  are  none  the 
less  appreciated,  although  the  limited  space  at  our  disposal  does  not  permit 
us  to  give  their  names  in  this  connection. 

GENERAL  OUTLINES  OF  THE  SYSTEM. 

The  entire  territory  of  the  state,  comprising,  exclusively  of  the  waters  of 
the  great  lakes,  an  area  of  45,658  square  miles  has  been  subdivided  into 
about  eleven  thousand  and  four  hundred  school  districts,  averaging  some 
what  more  than  four  square  miles  each — seldom,  in  the  rural  districts,  vary 
ing  materially  from  this  average — and  bringing  the  remotest  inhabitants 
of  the  respective  districts  within  a  little  more  than  one  mile  of  the  school 
house. 

Common  schools  in  the  several  districts  of  the  state  are  free  to  all  resi 
dents  of  the  districts  between  the  ages  of  four  and  twenty-one  years,  and  non 
residents  of  the  district  may  be  admitted  into  the  school  of  any  district 
with  the  written  consent  of  the  trustees. 


Every  male  person  of  the  age  of  twenty-one  years  and  upwards,  residing" 
in  any  school  district,  (including  aliens  entitled  by  law  to  hold  real  estate) 
who  owns  or  hires  real  property  in  such  district  subject  to  taxation  for 
school  puposes,  or  who  is  a  legal  voter  at  town  meetings,  and  is  the  owner 
of  personal  property  liable  to  taxation  in  the  district  for  school  purposes, 
exceeding  fifty  dollars  in  value,  beyond  such  as  is  exempt  from  execution, 
is  entitled  to  vote  at  any  school  district  meeting  held  in  such  district. 

An  annual  meeting  of  the  inhabitants  of  each  district  entitled  to  vote 
therein,  is  to  be  held,  after  the  first  organization  of  the  district,  at  the  time 
and  place  designated  at  the  first  and  at  each  subsequent  meeting ;  and 
special  meetings  are  to  be  held  whenever  called  by  the  trustees. 

When  legally  assembled  in  any  district  meeting,  the  inhabitants  of  each 
district,  so  entitled  to  vote,  are  authorized  by  a  majority  of  the  votes  of  those 
present,  either  by  ballot  or  otherwise  as  they  may  determine,  to  choose 
three  trustees,  a  district  clerk,  collector,  and  librarian.  The  trustees  chosen 
at  the  first  legal  meeting  of  the  district,  are  to  be  divided  by  lot  into  three 
classes,  and  the  term  of  office  of  the  first  is  to  be  one  year  ;  of  the  second, 
two,  and  of  the  third,  three  years  ;  and  one  trustee,  only  is  thereafter  an 
nually  to  be  elected,  who  holds  his  office  for  three  years.  The  clerk,  collec 
tor  and  librararian  are  annually  elected.  In  the  event  of  a  vacancy 
happening  in  the  office  of  trustee,  by  death,  refusal  to  serve,  removal  out 
of  the  district,  or  incapacity  to  act,  such  vacancy  may  be  supplied  by  the 
district,  and  if  more  than  a  month  is  permitted  to  elapse,  without  filling  it, 
the  town  Superintendent  is  authorized  to  appoint ;  and  the  person  so  chosen. 
or  appointed  holds  only  for  the  unexpired  term  of  the  office  whose  place  he 
fills.  A  similar  vacancy  in  the"  offices  of  clerk,  collector,  or  librarian,  is  to 
be  supplied  by  appointment  of  the  trustees  or  a  majority  of  them.  The  town 
Superintendent,  on  gdod  cause  shown,  is  authorized  to  accept  the  resigna 
tion  of  any  district  officer. 

The  inhabitants  of  the  several  districts,  in  district  meeting  assembled  are 
also  authorized  to  designate  a  site  for  a  schoolhouse,or(with  the  consent  of  the 
town  superintendent )for  two  or  more  school  houses  for  the  district,and  to  vote 
such  an  amount  as  they  may  deem  sufficient  to  purchase  or  lease  such  a  site 
or  sites  and  to  build  hire  or  purchase  a  school  house  or  houses,  keep  the  same 
in  suitable  repair,and  furnish  them  with  the  necessary  fuel  and  appendages  ; 
and  may,  in  their  discretion  vote  a  tax  not  exceeding  twenty  dollars  in  any 
one  year  for  the  purchase  of  maps,  globes,  black-boards  and  other  school 
apparatus.  No  tax,  however,  for  building,  hiring  or  purchasing  a  school 
house  can  exceed  the  sum  of  $400,  unless  the  town  Superintendent  of  the 
town  in  which  such  house  is  to  be  situated,  shall  certify  that  a  larger 
sum,  specifying  the  same,  ought  to  be  raised  ;  and  when  the  site  for  the 
school  house  has  once  been  fixed,  it  cannot  be  change,  while  the  district 
remains  unaltered,  but  by  the  written  consent  of  the  town  Superintendent, 
and  by  the  vote  ayes  and  noes  of  a  majority  of  the  inhabitants  of  the  district, 
at  a  special  meeting  called  for  that  purpose.  In  this  case  the  inhabitants  may 
direct  the  sale  of  the  former  site  or  lot,  together  with  the  buildings  and  ap- 
pertenances  on  such  terms  as  they  may  deem  most  advantageous  to  the 
district,  and  the  trustees,  or  a  majority  of  them  are  empowered  to  effect 
such  sale  and  to  execute  the  necessary  conveyances.  The  proceeds  aje  to 
be  applied  to  the  purchase  of  a  new  site,  and  to  the  removal,  erection  or 
purchase  of  new  houses. 

The  general  administration  of  the  affairs  of  the  several  districts,  devolves 
principally  upon  the  trustees,  who  have  the  custody  of  all  the  district  prop 
erty  ;  contract  with,  employ  and  pay  the  teachers  ;  assess  all  district  taxes, 
following  the  valuations  of  the  town  assessor,  so  far  as  they  afford  a  guide, 
and  make  out  the  necessary  tax  lists  and  warrants  for  their  collection  ;  call 
the  annual  and  special  meetings  of  the  inhabitants  ;  purchase  or  lease  sites 
for  the  school  house,  as  previously  designated  by  the  district,  and  build,  hire 
or  purchase,  keep  in  repair  and  furnish  such  school  house  with  necessary  fuel 
and  appendages,  out  of  the  funda  provided  by  the  district  for  that  purpose  ; 


87 

purchase  suitable  books  for  the  district  library,  which  is  specially  committed 
to  their  care,  and  procure  all  such  school  apparatus  as  the  district  may  di 
rect  ;  and  on  the  first  of  January  in  each  year  make  their  report  of  the 
condition  of  the  district,  in  the  form  prescribed  by  law,  to  the  Town  Super 
intendent. 

The  productive  capital   of  the   Common   School  Fund  is  at 

this  time, $2,243,563  36 

The  capital  of  that  portion  of  the  U.  S.  Depoeite  Fund,  the 
interest  of  which  is  annually  appropriated  to  the  support 

of  Common  Schools,  is ..   2,750,000  00 

To  which  may  be  added  a  sum  that  will  annually  produce 
an  income  of  $25,000,  reserved  by  the  constitution  to  be 
added  to  the  capital  ofthe  school  fund,  viz  : 416,666  67 

Making  an  aggregate  of $5,400,230  03 

The  annual  interest  on  this  sum,  at  6  per  cent.,  is  $324,000.00  ;  of  which 
$300,000  is  annually  appropriated  to  the  support  of  Common  Schools,  inclu 
ding  $55,000  for  the  purchase  of  District  Libraries  and  school  appar 
atus. 

The  sum  of  eight  hundred  thousand  dollars  is  annually  required  to  be 
levied  on  the  real  and  personal  property  of  the  State,  and  when  collected  to 
be  paid  over  to  the  several  County  Treasurers,  subject  to  the  order  of  the 
State  Superintendent  of  Common  Schools,  who  is  to  ascertain  the  propor 
tion  of  such  sum  to  be  assessed  and  collected  in  each  county,  according  to 
the  valuation  of  real  and  personal  estate  therein,  and  to  certify  the  same  to 
the  several  County  Clerks,  to  be  laid  before  the  boards  of  Supervisors,  whose 
duty  it  is  to  levy  such  amount  upon  the  County.  On  or  before  the  first  day 
of  January  in  each  year,  the  State  Superintendent  is  required  to  apportion, 
two-thirds  of  the  amount  so  raised,  together  with  all  other  monies  appro 
priated  to  the  support  of  Common  Schools  among  the  several  counties,  cities 
and  towns  of  the  State,  according  to  the  population  of  such  counties,  cities 
and  towns,  and  to  divide  the  remaining  third  equally  among  the  several 
districts. 

Under  these  provisions,  the  aggregate  amount  of  public  money  annually 
apportioned  by  the  State  Superintendent,  and  raised  upon  the  taxable  prop 
erty  of  the  several  counties,  is  $1,100,000.00  ;  of  which,  $1,045,000  is  appli 
cable  exclusively  to  the  payment  of  teachers'  wages,  and  the  support  of  the 
school,  and  the  remaining  $55,000  to  the  purchase  of  school  libraries  and 
apparatus. 

In  addition  to  this,  the  inhabitants  of  each  town  of  the  State  are  author 
ized  to  raise  an  additional  amount,  equal  to  their  share  of  the  state  fund,  to 
be  appropriated  exclusively  to  the  support  of  schools ;  and  many  of  the 
towns  are  in  possession  of  local  funds  applicable  to  this  object,  derived 
from  the  sale  of  lands  originally  set  apart  in  each  township,  by  the  State, 
for  this  purpose. 

i  Town  superintendents  are  biennially  elected  by  the  inhabitants  and  legal 
Voters  of  the  several  towns,  at  their  annual  meetings  in  March  and  April  of 
each  alternate  year,  and  enter  upon  the  execution  of  the  duties  devolved 
upon  them,  on  the  first  Monday  of  November  succeeding  their  election, 
holding  for  the  term  of  two  years  thereafter.  They  are  required  to  execute 
to  the  supervisor  of  their  town  a  bond  with  sufficient  sureties,  with  a  penalty 
in  double  the  amount  of  all  the  school  money  received  by  the  town,  condi 
tioned  for  the  faithful  application  and  legal  disbursement  of  all  the  school 
money  which  may  come  into  their  hand  during  their  term  of  office,  and  for 
the  faithful  discharge  of  all  their  duties.  They  are  authorized  to  form, 
regulate  and  alter  the  boundaries  of  school  districts,  when  applied  to  for 
that  purpose,  or  when  in  their  judgment  necessary  and  expedient,  associat 
ing  with  them  the  supervisor  and  town  clerk  of  their  town,  whenever  re 
quested  by  the  trustees  of  any  district  interested  in  any  proposed  alteration; 


88 

and  it  is  their  duty  to  apply  for  and  receive  from  the  county  treasurer  and 
town  collector  respectively, all  school  money  apportioned  or  belonging  to 
their  town ;  and  on  or  before  the  first  Tuesday  in  April  of  each  year  to 
apportion  the  same  among  the  several  districts  of  their  town,  according  to 
the  number  of  children  between  the  ages  of  four  and  twenty -one,  residing 
in  each,  as  reported  to  them  by  the  trustees,  provided  such  districts  have 
in  all  respects  complied  with  the  directions  of  law  during  the  preceding 
year,  and  made  the  annual  report  required  of  them. 

No  district,  without  the  special  permission  of  the  state  superintendent 
can  participate  in  such  apportionment,  which  has  not  had  a  school  taught 
within  it  for  at  least  six  months  during  the  year  reported,  by  a  duly  quali 
fied  teacher ;  which  has  not  faithfully  expended  all  its  public  money  in 
the  mode  prescribed  by  law ;  or  in  which  a  school  has  been  taught  for  a 
period  exceeding  one  month  by  an  unqualified  teacher. 

In  making  such  apportionment,  the  town  Superintendents  designate  the 
respective  sums  applicable  to  the  payment  of  teachers,  and  to  the  purchase 
of  libraries  and  school  apparatus ;  and  hold  the  former  subject  to  the 
order  of  the  trustees,  or  of  a  majority  of  them,  in  favor  of  the  teachers  em 
ployed  by  them  and  duly  qualified  according  to  law  ;  paying  over  the  library 
money  directly  to  the  trustees.  They  are  also  to  examine  candidates  for 
teachers  and  to  grant  certificates  of  qualification,  which  are  valid  for  one 
year  only,  and  may  at  any  time  be  annulled  by  them,  on  notice  to  the  teach 
er  holding  such  certificate  ;  and  to  visit  and  inspect  the  several  schools  of 
their  town  at  least  twice  in  each  year,  and  oftener  if  they  deem  jt  neces 
sary.  On  the  first  day  of  July  of  each  year,  they  are  to  make  and  file  with 
the  county  clerk,  a  report  in  the  form  prescribed  by  the  State  Superinten 
dent  and  containing  such  information  in  reference  to  the  condition  of  the 
schools  in  their  town,  as  he  may  from  time  to  time  direct.  At  the  expira 
tion  of  their  term  of  office  they  are  to  account  to  their  successors  for  all  the 
school  moneys  received  and  disbursed  by  them,  and  to  pay  over  any  balance 
remaining  in  their  hands.  For  their  services  they  are  entitled  to  receive 
$1,25  per  day  for  every  day  actually  devoted  by  them  to  the  discharge  of 
then-  official  duties. 

At  the  seat  of  government,  the  STATE  NORMAL  SCHOOL  semi-annually 
receives  under  its  instruction  from  two  hundred  to  two  hundred  and  fifty 
pupils  of  both  sexes,  selected  by  the  Board  of  Town  Superintendents  of  the 
respective  counties,  each  county  being  entitled  to  two  pupils  for  each 
member  t>f  Assembly.  After  spending  from  two  to  three  years  in  the 
institution,  the  graduates  return  to  their  respective  counties,  and  enter  upon 
the  active  discharge  of  their  duties  as  teachers  ;  communicating,  as  often 
as  may  be  practicable,  through  the  agency  of  the  TEACHERS  INSTITUTES,  in 
the  spring  and  fall  of  each  year,  a  general  knowledge  of  the  modes  of 
teaching,  government  and  discipline  attained  by  them  in  the  Normal  School. 
These  INSTITUTES,  under  the  supervision  and  general  direction  of  the  most 
experienced  guides,  enable  every  teacher  to  acquaint  himself  practically 
and  familiarly  with  the  duties  devolving  upon  him,  and  secure  to  each  one 
of  the  eleven  thousand  districts  of  our  State,  a  faithful  and  efficient  teacher. 

At  the  head  of  the  whole  system — controlling,  regulating,  and  giving  life 
and  efficiency  to  all  its  parts  is  the  state  Superintendent.  He  apportions 
the  state  tax  of  $800,000,  and  the  public  money  among  the  several 
counties  and  towns, — distributes  the  laws,  instructions,  decisions,  forms 
«fec.,  through  the  agency  of  the  town  Superintendents  to  the  several  districts 
— has  final  jurisdiction  on  appeal,  from  all  the  acts  and  proceedings  of  the 
inhabitants  of  the  several  districts  and  their  officers,  as  well  as  of  Town 
Superintendents,  keeps  up  a  constant  correspondence  with  the  several  officers 
connected  with  the  administration  of  the  system  in  all  its  parts,  as  well 
as  with  the  inhabitants  of  districts  seeking  aid,  counsel  or  advice; 
exercises  a  liberal  discretionary  power,  on  equitable  principles,  in  all  cases 
of  inadvertent,  unintentional,  or  accidental  omissions  to  comply  with  the 
strict  requisitions  of  the  law  ;  grants  state  certificates  of  qualification  to 


such  teachers  as  he  deems  worthy  :  reports  annually  to  the  legislature 
respecting  the  condition,  prospects  and  resources  of  the  Common  Schools, 
and  the  management  of  the  School  fund,  together  with  such  suggestions  for 
the  improvement  of  the  system  as  may  occur  to  him  ;  and  vigilantly  watches 
over,  encourages,  sustains,  and  expands  to  its  utmost  practicable  limit,  the 
vast  system  of  common  school  education  throughout  the  state. 

Such  is  a  condensed  view  of  our  present  system  of  COMMON  SCHOOL 
EDUCATION  ; — a  system  elaborated  and  matured  to  its  present  state,  by  the 
exertions  of  the  highest  minds  among  us,  during  a  period  of  forty  years ;  a 
system  comprehending  the  best  and  dearest  interests  present  and  prospect 
ive  of  an  enlightened  and  free  people — full  of  promise  for  the  future,  and 
containing  within  itself,  the  germs  of  the  most  extended  individual, 
social  and  national  prosperity  ;  a  system  identified  with  the  highest  hopes 
and  interests  of  all  classes  of  the  community,  and  from  which  are  destined 
to  flow  those  streams  of  intelligence  and  of  public  and  private  virtue 
which  alone  can  enable  us  worthily  to  fulfil  the  noble  destinies  involved  in 
our  free  institutions. 

But  in  this  country,  no  systems,  however  perfect,  no  enactments,  however 
enlightened,  and  no  authority,  however  constituted,  can  attain,  to  the  full 
accomplishment  of  their  object,  however  praiseworthy  and  laudable,  without 
the  hearty  and  efficient  co-operation  of  public  sentiment.  Aided  by  this 
co-operation,  the  most  important  results  may  be  anticipated  from  the  most 
simple  organization.  The  repeated  and  solemn  recognition  by  the  represen 
tatives  of  the  people,  of  the  interests  of  popular  education  and  public 
instruction  ;  the  nearly  unanimous  adoption  of  a  system,  commended  to  the 
public  favor  as  well  by  practical  experience,  as  by  the  concurring  testimony 
of  the  most  enlightened  minds  of  our  own  and  other  countries  ;  and  the 
simplification  of  much  of  the  complicated  machinery  which  served  only  to 
encumber  and  impede  the  operation  of  that  system  ;  these  indications  afford 
the  most  conclusive  evidence  not  only  of  the  importance  which  the 
great  mass  of  our  fellow  citizens  attach  to  the  promotion  of  sound  intellectual 
and  moral  instruction,  but  of  their  determination  to  place  our  common 
schools,  where  this  instruction  is  chiefly  dispensed  to  the  children  of  the 
state,  upon  a  footing  which  shall  enable  them  most  effectually  to  accomplish 
the  great  objects  of  their  institution. 

It  is  upon  the  extent  and  permanency  of  this  feeling,  that  the  friends  of 
education  rely  ;  and  this  spirit  to  which  they  appeal,  in  looking  forward  to 
the  just  appreciation  and  judicious  improvement  of  those  means  of  moral  and 
mental  enlightenment  which  the  beneficent  policy  of  the  state  has  placed  at 
the  disposal  of  the  inhabitants  of  the  several  districts.  The  renovation  of 
our  common  schools,  distributed  as  they  are,  over  every  section  of  our 
entire  territory,  their  elevation  and  expansion  to  meet  the  constantly 
increasing  requirements  of  science  and  mental  progress,  and  their  capability 
of  laying  broad  and  deep  the  foundations  of  character  and  usefulness,  must 
depend  upon  the  intelligent  and  fostering  culture  which  they  shall  receive 
at  the  hands  of  those  to  whose  immediate  charge  they  are  committed. 
There  is  no  institution  within  the  range  of  civilization,  upon  which  so  much, 
for  good  or  for  evil  depends — upon  which  hang  so  many  and  such  important 
issues  to  the  future  well  being  of  individuals  and  communities,  as  the 
common  district  school.  It  is  through  that  alembic  that  the  lessons  of  the 
nursery  and  the  family  fire-side,  the  earliest  instructions  in  pure  morality, 
and  the  precepts  and  examples  of  the  social  circle  are  distilled  ;  and  from 
it  those  lessons  are  destined  to  assume  that  tinge  and  hue  which  are  perma 
nently  to  be  incorporated  into  the  character  and  the  life.  Is  it  too  much 
then,  to  ask  or  to  expect  of  parents,  that  laying  aside  all  minor  considera 
tions,  abandoning  all  controversies  and  dissentions  among  themselves  in 
reference  to  local,  partisan  and  purely  selfish  objects,  or  postponing  them  at 
least,  until  the  interests  of  their  children  are  placed  beyond  the  influence  of 
these  irritating  topics,  they  will  consecrate  their  undivided  energies  to  the 
advancement  and  improvement  of  these  beneficent  institutions.  Resting  as 


90 

it  does  upon  their  support,  indebted  to  them  for  all  its  means  of  usefulness, 
and  dependent  for  its  continued  existence  upon  their  discriminating  favor 
and  efficient  sanction,  the  practical  superiority  of  the  existing  system  of 
public  instruction,  its  comprehensiveness  and  simplicity — its  abundant  and 
unfailing  resources — and  its  adaptation  to  the  educational  wants  of  every 
class  of  community,  will  prove  of  little  avail  without  the  invigorating 
influences  of  a  sound  and  enlightened  public  sentiment,  emanating  from, 
and  pervading  the  entire  social  system.  The  district  school  must  become 
the  central  interest  of  the  citizen  and  the  parent,  the  clergyman,  the  lawyer, 
the  physician,  the  merchant,  the  manufacturer  and  the  agriculturist.  Each 
must  realise  that  there,  under  more  or  less  favoring  auspices,  as  they  them 
selves  shall  determine,  developments  are  in  progress  which  are  destined,  at 
no  distant  day  to  exert  a  controlling  influence  over  the  institutions,  habits, 
modes  of  thought  and  action  of  society  in  all  its  complicated  phases  ;  and 
that  the  primary  responsibility  for  the  results  which  may  be  thus  worked 
out,  for  good  or  for  evil,  rests  with  them.  By  the  removal  of  every  obstacle 
to  the  progressive  and  harmonious  action  of  the  system  of  popular  education, 
so  carefully  organized  and  amply  endowed  by  the  state,  by  a  constant,  and 
methodical  and  intelligent  co-operation  with  its  authorized  agents,  in  the 
elevation  and  advancement  of  that  system  in  all  its  parts,  and  especially  by 
an  infusion  into  its  entire  course  of  discipline  and  instruction  of  that  high 
moral  culture  which  can  alone  adequately  realize  the  idea  of  sound  educa 
tion,  results  of  inconceivable  magnitude  and  importance  to  individual,  social, 
and  moral  well  being  may  confidently  be  anticipated.  These  results  can  only 
be  attained  by  an  enlightened  appreciation  and  judicious  cultivation  of  the 
means  of  elementary  instruction.  They  demand  and  will  amply  repay  the 
consecration  of  the  highest  intellectual  and  moral  energies,  the  most  compre 
hensive  benevolence,  and  the  best  affections  of  our  common  nature. 


91 


COMPARATIVE  STATEMENT 

Of  the  condition  of  the  Common  Schools,  from  1815,  the  period 
of  the  first  Statistical  Report,  to  1850. 


9 

31 

I? 

P  0 

.9 

!§£' 

§ 

1 

1 

| 

+3  ^ 

£  OP 

5 

^    *p    OQ 

^ 

2 

•  ^ 

1 

'I  i 

-i  2 

s*>  . 

i~s 

"S  €O  ^ 

3  £ 

fek^j 

•IM 

2*2 

I  i 

fl 

g^| 

l| 

|'| 

^ 

1 

^  a  1 

S  | 

gj 

2^.9 

^H 

«•-.  o 

3"i 

1 

<4H 

f-J| 

O  -^ 

*"*   ^H 

1| 

'i  11 

|| 

fl 

**§ 

O 

1 

'S  S  ^ 

II 

o 
6 

O  O  "55 

F^    OP 

rf  «».  K 

| 

| 

o  * 

s 

n 

^ 

^  ^ 

CQ   •' 

^ 

-< 

May  I  1815 

2  755 

2,631 

140,106 

176,449 

$48,376 

$55,720  98 

>  o  . 

«  'l816 

3,713 

2,873 

170,385 

198,440 

46,398 

64,834  88 

"   1817 

3,264 

3,228 

183,253 

218,969 

54,799 

73,235  42 

"   1818 

4,614 

3,844 

9.1  0  31  fi 

235,871 

59,933 

93,010  54 

"   1819 

5,763 

5118  >:>'n  R*1*1 

302,703 

59^968 

117,151  07 

Jan.  1  1820 

6,332 

5,489 

304,559 

317,633 

59,930 

14.fi  4-1  8  08 

"   1821 

6,659 

5,882 

339  979 

339,258 

79,'957'157.195  04 

«   1822 

7^051 

6,'255  2^1  T7S 

357,029 

80,104 

173,420  60 

«   1823 

7,382 

6*705 

377,034 

373,208 

80^000 

180,820  25 

"   1824 

7,642 

6,876 

402,940 

383,500 

80,000 

182,741  61 

"   1825 

7,773 

7,117 

425,566 

395,586 

80,000 

182,790  09 

«<   1826 

s'l!4 

7,550 

431,601 

411,256 

80,000 

185,720  46 

«   1827 

8,298 

7,806 

441,856 

419,216 

80,000 

222,995  77 

£Vf*& 

"   1828 

8  609 

s'l64 

468,205 

449,113 

100,000 

939  34.3  9.1 

«   1829 

8^872 

8,292 

480^041 

468',257 

lOo'oOO  214^840  14 

$297,048  44 

«   1830 

9,063 

8,631 

499,424 

497,503 

100,000 

238,640  36 

346,807  20 

«   1831 

9,339 

8,841 

507,105' 

509,967 

100,000 

244,998  85 

374,001  54 

«   1832 

9,600 

8,941 

494,595 

508,878 

100,000 

305,582  78 

358,320  17 

"   1833 

9,690 

9,107 

512,475 

522,618 

100.080 

307,733  08 

369,696  36 

«   1834 

9,865 

9,392 

531,240 

534,002 

100,080 

316,153  93 

398,137  04 

«   1835 

10,132 

9,676 

541,401 

540,285 

100,080 

312,181  20 

419,878  69 

«   1836 

10,207 

9,696 

532,167 

538,398 

100,000 

313,376  91 

425,560  86 

«   1837 
«   1838 

10,345 
10,583 

9,718|224,188  536,882 
9,830  528,9131539,747 

100,000 
110,000 

335,895  10 
335,882  92 

436,346  46 
477,848  27 

«   1839 

10,706 

10,127 

557,229 

564,790 

113,793 

374,411  61 

521,477  49 

«   1840 

10,769 

10,397 

572,995 

592,564 

*275,000 

633,685  94 

476,443  27 

«   1841 

10,886 

10,588 

603,583 

583,347 

*275,000 

658,954  70 

483,479  54 

«   1842 

10,893 

10,645  598,749 

601,765 

*285,000 

676,086  07 

468,688  22 

«   1843 

10,875 

10,656  667,782 

677,995 

*275,000 

660,727  41 

509,376  97 

1844 

10,990 

10,357 

709,156 

696,548 

275,000 

639,606  60 

447,565  97 

•   1845 

11,018 

10,812 

736,045 

690,914 

275,000 

725,066  19 

458,127  78 

«   1846 

11,008 

10,796 

742,423 

703,399 

275,000 

772,578  02 

460,764  78 

«   1847 

11,052 

10,859 

748,387 

700,443 

275,000 

829,802  83 

462,840  44 

«   1848 

10,621  10,494 

475,723 

718,123 

275,826 

858,594  84 

466,674  44 

"   1849 

11,191 

10,928 

778,309 

739,655 

284,902 

846,710  45 

489,696  63 

«   1850 

11,397 

11,173 

794,506 

735,188 

285,000 

767,389  20 

508,724  56 

*Including  revenue  from  United  States  Deposit  Fund. 


92 

AN"  ACT  TO  ESTABLISH  FREE  SCHOOLS  THROUGHOUT 
THE  STATE. 

Passed  April  12,  1851. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
<do  enact  as  follows  : 

§  1.  Common  schools  in  the  several  school  districts  in  this  State  shall  be 
free  to  all  persons  residing  in  the  district,  over  five  and  under  twenty-one 
years  of  age,  as  hereinafter  provided.  Persons  not  resident  of  a  district 
may  be  admitted  into  the  schools  kept  therein,  with  the  approbation,  in  wri 
ting,  of  the  trustees  thereof,  or  a  majority  of  them. 

§  2.  There  shall  hereafter  be  raised  by  tax,  in  each  and  every  year,  upon 
the  real  and  personal  estate  within  this  state,  the  sum  of  eight  hundred  thou 
sand  dollars,  which  shall  be  levied,  assessed  and  collected  in  the  mode  pre 
scribed  by  chapter  thirteen,  part  first  of  the  revised  statutes,  relating  to  the 
assessment  and  collection  of  taxes,  and  when  collected  shall  be  paid  over  to 
the  respective  county  treasurers,  subject  to  the  order  of  the  state  superinten 
dent  of  common  schools. 

§  S.  The  state  superintendent  of  common  schools  shall  ascertain  the  por 
tion  of  said  sum  of  eight  hundred  thousand  dollars  to  be  assessed  and  collect 
ed  in  each  of  the  several  counties  of  this  state,  by  dividing  the  said  sum 
among  the  several  counties,  according  to  the  valuation  of  real  and  personal 
estate  therein,  as  it  shall  appear  by  the  assessment  of  the  year  next  prece 
ding  the  one  in  which  said  sum  is  to  be  raised,  and  shaU  certify  to  the  clerk 
of  each  county,  before  the  tenth  day  of  July  in  each  year,  the  amount  to  be 
raised  by  tax  in  such  county  ;  and  it  shall  be  the  duty  of  the  several  county 
clerks  of  this  state  to  deliver  to  the  board  of  supervisors  of  their  respective 
counties,  a  copy  of  such  certificate,  on  the  first  day  of  their  annual  session, 
and  the  board  of  supervisors  of  each  county  shall  assess  such  amount  upon 
the  real  and  personal  estate  of  such  county,  in  the  manner  provided  by  law 
for  the  assessment  and  collection  of  taxes. 

§  4.  The  state  superintendent  of  common  schools  shall,  on  or  before  the 
first  day  of  January  in  every  year,  apportion  and  divide,  or  cause  to  be  ap 
portioned  and  divided,  one  third  of  the  sum  so  raised  by  general  tax,  and  one 
third  of  all  other  moneys  appropriated  to  the  support  of  common  schools, 
among  the  several  school  districts,  parts  of  districts,  and  separate  neighbor 
hoods  in  this  state,  from  which  reports  shall  have  been  received  in  accordance 
with  law  in  the  following  manner,  viz :  to  each  separate  neighborhood  be 
longing  to  a  school  district  in  some  adjoining  state,  there  shall  be  apportioned 
and  paid  a  sum  of  money  equal  to  thirty-three  cents  for  each  child  in  such 
neighborhood  (between  the  ages  of  four  and  twenty -one) ;  but  the  sum  so  to 
be  apportioned  and  paid  to  any  such  neighborhood,  shall  in  no  case  exceed 
the  sum  of  twenty-four  dollars,  and  the  remainder  of  such  one-third  shall  be 
apportioned  and  divided  equally  among  the  several  districts  ;  and  the  state 
superintendent  of  common  schools  shall,  by  proper  regulations  and  instruc 
tions  to  be  prescribed  by  him,  provide  for  the  payment  of  such  moneys  to  the 
trustees  of  such  separate  neighborhoods  and  school  districts. 

§  5.  It  shall  be  the  duty  of  the  state  superintendent  of  common  schools, 
on  or  before  the  first  day  of  January  in  every  year,  to  apportion  and  divide 
the  remaining  two-thirds  of  the  said  amount  of  eight  hundred  thousand  dol 
lars,  together  with  the  remaining  two-thirds  of  all  other  moneys  appropriated 
by  the  state  for  the  support  of  common  schools  among  the  several  counties, 
cities  and  towns  of  the  state,  in  the  mode  now  prescribed  by  law  for  the 
division  and  apportionment  of  the  income  of  the  common  school  fund  ;  and 
the  share  of  the  several  towns  and  wards  so  apportioned  and  divided  shall 
be  paid  over  on  and  after  the  first  Tuesday  in  February,  in  each  year,  to  the 
several  town  superintendents  of  common  schools,  and  ward  or  city  officers, 
entitled  by  law  to  receive  the  same,  and  shall  be  apportioned  by  them  among 
the  several  school  districts  and  parts  of  districts  in  their  several  towns  and 
•wards,  according  to  the  number  of  children  between  the  ages  of  four  and 


93 

twenty-one  years,  residing  in  said  districts  and  parts  of  districts,  as  the  same 
shall  have  appeared  from  the  last  annual  report  of  the  trustees  :  but  no  mon 
eys  shall  be  apportioned  and  paid  to  any  district  or  part  of  a  district,  unless 
it  shall  appear  from  the  last  annual  report  of  the  trustees,  that  a  school  has 
been  kept  therein  for  at  least  six  months  during  the  year  ending  with  the 
date  of  such  report,  by  a  duly  qualified  teacher,  unless  by  special  permission 
of  the  state  superintendent  of  common  schools ;  excepting,  also,  that  the  first 
apportionment  of  money  under  this  act  shall  be  made  to  all  school  districts 
which  were  entitled  to  an  apportionment  of  public  money  in  the  year  eighteen 
hundred  and  forty-nine. 

§  6.  Any  balance  required  to  be  raised  in  any  school  district  for  the  payment 
of  teachers'  wages,  beyond  the  amount  apportioned  to  such  district  by  the 
previous  provisions  of  this  act,  and  other  public  moneys  belonging  to  the  dis 
trict  applicable  to  the  payment  of  teachers'  wages,  shall  be  raised  by  rate-bill, 
to  be  made  out  by  the  trustees  against  those  sending  to  school,  in  proportion 
to  the  number  of  days  and  of  children  sent,  to  be  ascertained  by  the  teach 
er's  list ;  and  in  making  out  such  rate-bill,  it  shall  be  the  duty  of  the  trustees 
to  exempt,  either  wholly  or  in  part,  as  they  may  deem  expedient,  such  indi 
gent  inhabitants  as  may  in  their  judgment  be  entitled  to  such  exemption ; 
and  the  amount  of  such  exemption  shall  be  added  to  the  first  tax  list  there 
after  to  be  made  out  by  the  trustees  for  district  purposes,  or  shall  be  sepa 
rately  levied  by  them,  as  they  shall  deem  most  expedient 

§  7.  The  same  property  which  is  exempt  by  section  twenty-two,  of  article 
two,  title  five,  chapter  six,  part  three  of  the  revised  statutes,  from  levy  and 
sale  under  execution,  shall  be  exempt  from  levy  and  sale  under  any  warrant 
to  collect  any  rate-bill  for  wages  of  teachers  of  common  schools. 

§  8.  Nothing  in  this  act  shall  be  so  construed  as  to  repeal  or  alter  the 
provisions  of  any  special  act  relating  to  schools  in  any  of  the  incorpora 
ted  cities  or  villages  of  this  state,  except  so  far  as  they  are  inconsistent 
with  the  provisions  contained  in  the  first,  second,  third  and  fourth  sections  of 
this  act. 

§  9.  Chapter  one  hundred  and  forty  of  the  session  laws  of  one  thousand 
eight  hundred  and  forty-nine,  entitled  "  An  act  establishing  free  schools 
throughout  the  state,"  and  chapter  four  hundred  and  four  of  the  session  laws 
of  one  thousand  eight  hundred  and  forty-nine,  entitled  "  An  act  to  amend  an 
act  establishing  free  schools  throughout  the  state,"  and  sections  sixteen,  seven 
teen  and  eighteen  of  the  revised  statutes  relating  to  common  schools,  requir 
ing  the  several  boards  of  supervisors  to  raise  by  tax,  on  each  of  the  towns  of 
their  respective  counties,  a  sum  equal  to  the  school  moneys  apportioned  to  such 
towns,  and  providing  for  its  collection  and  payment,  and  all  other  pro 
visions  of  law  incompatible  with  the  provisions  of  this  act  are  hereby  re 
pealed. 

§  10.  The  state  superintendent  of  common  schools  shall  cause  to  be  pre 
pared,  published  and  distributed  among  the  several  school  districts  and  school 
officers  of  the  state,  a  copy  of  the  several  acts  now  in  force  relating  to  com 
mon  schools,  with  such  instructions,  digest  and  expositions  as  he  may  deem 
expedient ;  and  the  expense  incurred  by  him  therefor  shall  be  audited  by  the 
comptroller  and  paid  by  the  treasurer. 

§  11.  All  the  moneys  received  or  appropriated  by  the  provisions  of  this 
act  shall  be  applied  to  the  payment  of  teachers'  wages  exclusively. 

§  12.  It  shall  be  the  duty  of  the  trustees  of  the  several  school  districts  in 
this  state,  to  make  out  and  transmit  to  the  town  superintendent  of  the  town 
in  which  their  respective  school  houses  shall  be  located,  on  or  before  the  first 
day  of  September  next,  a  correct  statement  of  the  whole  number  of  children 
residing  in  their  district  on  the  first  day  of  August  preceding  the  date  of  such 
report,  between  the  ages  of  four  and  twenty-one ;  and  such  town  superintend 
ent  shall  embody  such  statement  in  a  tabular  form,  and  transmit  the  same  to 
the  county  clerk  in  sufficient  season  to  enable  the  latter  to  incorporate  the  in 
formation  thus  obtained  in  the  annual  report  required  by  him  to  be  made  to  the 
state  superintendent  of  common  schools  for  the  present  year. 


94 

§  13.  It  shall  also  be  the  duty  of  the  trustees  of  the  several  school  dis 
tricts,  in  their  annual  reports  thereafter  to  be  made,  to  specify  the  number  of 
children,  between  the  aforesaid  ages,  residing  in  their  respective  districts  on 
the  last  day  of  December  in  each  year,  instead  of  the  number  of  such  chil 
dren  between  the  ages  of  five  and  sixteen. 

§  14.  This  act  shall  take  effect  on  the  first  day  of  May  next;  but  nothing 
herein  contained  shall  be  so  construed  as  to  affect  provisions  already  made  in 
the  several  school  districts  for  the  support  of  schools  therein  under  existing 
laws  for  the  current  year. 


PART    II. 


STATUTES 


RELATING   TO 


COMMON    SCHOOLS, 

INCLUDING 

• 

TITLE  II.  CHAPTER  XV,  PART  I.  REVISED  STATUTES. 


[Pursuant  to  the  directions  of  the  10th  section  of  the  act  of 
chap.  151  of  the  laws  of  1851,  there  are  inserted  in  this  publica 
tion  of  the  second  title  of  chapter  15,  all  acts  and  parts  of  acts  con 
nected  with  the  subjects  of  the  said  title,  which  are  now  in  force  ; 
and  where  the  provisions  of  that  title  have  been  altered  by  subse 
quent  acts,  such  provisions  have  been  varied  in  order  to  conform 
them  to  such  alteration.  The  original  number  of  each  section  is 
in  all  cases  retained,  whether  it  was  a  part  of  the  Revised  Statutes 
or  was  taken  from  some  session  law  passed  since  1828.  In  the 
latter  case,  there  is  a  reference  to  a  note  at  the  foot  of  the  page, 
which  gives  the  particular  chapter  from  which  the  section  is  taken, 
and  its  number  is  enclosed  within  brackets,  in  order  to  designate  it 
more  distinctly  from  the  sections  of  the  Revised  Statutes,  which  are 
printed  with  the  section  mark  only. 

To  facilitate  references  to  them,  the  sections  in  this  edition  are 
also  numbered  continuously  from  the  first  to  the  last,  without  re 
gard  to  the  statutes  from  which  they  are  taken.  The  index  at  the 
end  refers  to  these  numbers.] 

TITLE  II. 

OF  COMMON  SCHOOLS. 

ART.  1. — Of  the  powers  and  duties  of  the  superintendent  of  com 
mon  schools,  and  of  the  apportionment  of  school 
moneys. 

ART.  2. — Of  the  distribution  of  the  common  school  fund. 


96 

ART.  3. — Of  the  powers  and  duties  of  town  superintendents  of  com 
mon  schools. 

ART.  4. — Of  inspection  and  supervision  by  town  superintend 
ents. 

ART.  5. — Of  the  formation  and  alteration  of  school  districts;  the 
powers  of  school  district  inhabitants  ;  of  the  choice, 
duties  and  powers  of  school  district  officers ;  the  as 
sessment  and  collection  of  school  district  taxes  ;  the  an 
nual  reports  of  trustees  ;  school  district  libraries. 

ART.  6. — Of  certain  duties  of  the  county  clerk. 

ART.  7. — Miscellaneous  provisions. 

ARTICLE    FIRST. 

Of  the  Powers  and   Duties  of  the  Superintendent  of    Common 
Schools,  and  of  the  Apportionment  of  School  Moneys. 

No.  1 — §  1.*  There  shall  continue  to  be  a  superintendent  of 
common  schools,  whose  duty,  among  other  things,  it  shall  be,  to 
prepare  and  submit  an  annual  report  to  the  legislature  contain 
ing, 

1.  A  statement  of  the  condition  of  the  common  schools  of  the 
state : 

2.  Estimates  and  accounts  of  expenditures  of  the  school  moneys : 

3.  Plans  for  the   improvement  and  management  of  the  common 
school  fund,  and  for  the  better  organization  of  the  common  schools  ; 
and, 

4.  All  such  matters  relating  to  his  office,  and  to  the   common 
schools,  as  he  shall  deem  expedient  to  communicate. 

No.  2 — [§  41.]  The  superintendent  of  common  schools  may 
designate  and  appoint  any  one  of  the  clerks  employed  by  him  to 
be  his  general  deputy,  who  may  perform  all  the  duties  of  the 
superintendent  in  case  of  his  absence  or  a  vacancy  in  his  office.1 

No.  3 — [§  8.]  The  superintendent  of  common  schools  riTay 
appoint  such  and  so  many  persons  as  he  shall  from  time  to  time 
deem  necessary,  to  visit  and  examine  into  the  condition  of  the 
common  schools  in  the  county  where  such  persons  may  reside, 
and  report  to  the  superintendent  on  all  such  matters  relating  to 
the  condition  of  such  schools,  and  the  means  of  improving  them, 
as  he  shall  prescribe ;  but  no  allowance  or  compensation  shall  be 
made  to  the  said  visitors  for  such  services.  2 

No.  4 — [§  10.]  The  superintendent  of  common  schools,  on 
such  evidence  as  may  be  satisfactory  to  him,  may  grant  certificates 
of  qualification  under  his  hand  and  seal  of  office,  which  shall  be 
evidence  that  the  holder  of  such  certificate  is  well  qualified  in  res 
pect  to  moral  character,  learning  and  ability,  to  teach  any  district 
school  within  this  state  ;  which  certificate  shall  be  valid  until  duly 
revoked  by  the  superintendent. 3 

(1.)  Laws  of  1841,  chap.  260,  §  41.  (2.)  Laws  of  1839,  chap.  330,  §8.  (3.) 
Laws  of  1843,  chap.  133,  §10. 


97 

J\TO.  5 — [g  7.]  Copies  of  papers  deposited  or  filed  in  the  office 
of  the  superintendent  of  common  schools,  and  all  acts  and  decisions 
by  him,  may  be  authenticated  under  the  seal  of  the  office  of  secre 
tary  of  state,  and  when  so  authenticated  shall  be  evidence  equally, 
and  in  like  manner  as  the  originals.  4 

2^o.  6 — [§2  &  3.]  The  superintendent  shall  apportion  the  school 
moneys  to  be  annually  distributed  amongst  the  several  counties 
of  the  state,  and  the  share  of  each  county,  amongst  its  respective 
towns  and  cities.  Such  apportionment  shall  be  made  among 
the  several  towns  and  cities  of  the  state,  according  to  the  ratio  of 
their  population  respectively,  as  compared  with  the  population  of 
the  whole  state,  according  to  the  last  preceding  census. 

No,  7 — [§  6.]  When  the  census  or  returns,  upon  which  an 
apportionment  is  to  be  made,  shall  be  so  far  defective,  in  respect 
to  any  county,  city  or  town,  as  to  render  it  impracticable  for  the 
superintendent  to  ascertain  the  share  of  school  moneys,  which 
ought  then  to  be  apportioned  to  such  county,  city  or  town,  he  shall 
ascertain,  by  the  best  evidence  in  his  power,  the  facts  upon  which 
the  ratio  of  such  apportionment  shall  depend,  and  shall  make  the 
apportionment  accordingly. 

No.  8 — [§  2.]  There  shall  hereafter  be  raised  by  tax,  in  each 
and  every  year,  upon  the  real  and  personal  estate  within  this  state, 
the  sum  of  eight  hundred  thousand  dollars,  which  shall  be  levied, 
assessed  and  collected  in  the  mode  prescribed  by  chapter  thirteen, 
part  first,  of  the  revised  statutes,  relating  to  the  assessment  and  col 
lection  of  taxes,  and  when  collected  shall  be  paid  over  to  the  re 
spective  county  treasurers,  subject  to  the  order  of  the  state  super 
intendent  of  common  schools. ' 

No.  9 — [§  3.]  The  state  superintendent  of  common  schools 
shall  ascertain  the  portion  of  said  sum  of  eight  hundred  thousand 
dollars  fo  be  assessed  and  collected  in  each  of  the  several  counties 
of  this  state,  by  dividing  the  said  sum  among  the  several  counties, 
according  to  the  valuation  of  real  and  personal  estate  therein,  as  it 
shall  appear  by  the  assessment  of  the  year  next  preceding  the  one 
in  which  said  sum  is  to  be  raised,  and  shall  certify  to  the  clerk  of 
each  county,  before  the  tenth  day  of  July  in  each  year,  the  amount 
to  be  raised  by  tax  in  such  county  ;  and  it  shall  be  the  duty  of  the 
several  county  clerks  of  this  state  to  deliver  to  the  board  of  super 
visors  of  their  respective  counties,  a  copy  of  such  certificate,  on  the 
first  day  of  their  annual  session ?  and  the  board  of  supervisors  of 
each  county  shall  assess  such  amount  upon  the  real  and  personal 
estate  of  such  county,  in  the  manner  provided  by  law  for  the  assess 
ment  and  collection  of  taxes. l 

No.  10 — [§  4.]  The  State  superintendent  of  common  schools 
shall,  on  or  before  the  first  day  of  January  in  every  year,  appor 
tion  and  divide,  or  cause  to  be  apportioned  and  divided,  one  third 
of  the  sum  so  raised  by  general  tax,  and  one  third  of  all  other 

(4.)  Laws  of  1839,  chap.  330,  §  7.    (1.)  Laws  of  1851,  chap.  151,  §  1,2. 

7 


monies  appropriated  to  the  support  of  common  schools,  among  the 
the  several  school  districts,  parts  of  districts  and  separate  neigh 
borhoods  in  this  state,  from  which  reports  shall  have  been  received 
in  accordance  with  law,  in  the  following  manner,  viz :  to  each 
separate  neighborhood,  belonging  to  a  school  district,  in  some  ad 
joining  state,  there  shall  be  apportioned  and  paid  a  sum  of  money 
equal  to  thirty  three  cents  for  each  child  in  such  neighborhood, 
between  the  ages  of  four  and  twenty-one ;  but  the  sum  so  to  be 
apportioned  and  paid  to  any  such  neighborhood  shall  in  no  case 
exceed  the  sum  of  twenty-four  dollars,  arid  the  remainder  of  such 
one-third  shall  be  apportioned  and  divided  equally  among  the 
several  districts  ;  and  the  state  superintendent  of  common  schools 
shall  by  proper  regulations  and  instructions  to  be  prescribed  by 
him,  provide  for  the  payment  of  such  monies  to  the  trustees  of 
such  separate  neighborhoods  and  school  districts.  ! 

No.  11  —  [§  5.]     It  shall  be  the  duty  of  the  state  superintendent 
of  common  schools,  on   or  before  the  first  day  of  January   in  every 
year,  to  apportion  and  divide  the  remaining  two  thirds  of  the  said 
amount  of  eight  hundred   thousand  dollars,  together  with  the  re 
maining  two-thirds  of  all  other   moneys  appropriated  by   the  state 
for  the   support  of  common  schools,  among  the   several  counties, 
cities  and  towns  of  the  state,  in    the  mode  now  prescribed  by   law 
for  the  division   and  apportionment  of  the  income  of  the  common 
school  funds  ;  and  the  share  of  the  several  towns  and  wards  so  ap 
portioned    and  divided,  shall  be    paid  over  on  and  after  the  first 
Tuesday  of   February  in   each  year,  to  the   several  town   superin 
tendents   of  common   schools,   and  ward   or  city  officers,    entitled 
by  law  to  receive  the   same,  and  shall   be  apportioned  by   them 
among  the  several   school  districts  and  parts  of  districts  in  their 
several  towns  and  wards,  according  to  the  number  of  children  be 
tween    the  ages  of  four  and   twenty-one  years,  residing  in   said 
districts  and  parts  of  districts,  as  the  same   shall  have  appeared 
from  the  last  annual  report  of  the  trustees  ;  but  no  monies  shall  be 
apportioned  and   paid  to  any  district  or  part  of  a  district,  unless  it 
shall   appear  from   the  last  annual  reports  of  the  trustees   that  a 
school  has  been  kept  therein  for  at  least  six   months  during  the 
year  ending  with  the  date  of  such  report,  by  a  duly  qualified  teach 
er,  unless  by  special  permission  of  the  state  superintendent  of  com 
mon  schools  ;  excepting  also  that  the  first  apportionment  of  money 
under   this  act  shall  be   made  to  all  school  districts   which  were 
entitled  to  an  apportionment  of  public  money,  in  the  year  eighteen 
hundred  and  forty-nine.  l 

No  12 — [§H.]  All  the  monies  received  or  appropriated  by 
the  provisions  of  this  act  shall  be  applied  to  the  payment  of  teach 
ers'  wages  exclusively.  2 

No.  13 — [§7.]  Whenever,  in  consequence  of  the  division  of  a 
town,  or  the  erection  of  a  new  town,  in  any  county,  the  apportion- 


(1)  Laws  of  1851,  chap.  151,  §  3,  4.  (2.)  Laws  of  1851,  chap.  151,  §  11. 


99 

merit  then  in  force  shall  become  unjust,  as  between  two  or  more 
of  the  towns  of  such  county,  the  superintendent  shall  make  a  new 
apportionment  of  the  school  moneys  next  to  be  distributed  amotogsfc 
such  towns,  ascertaining  by  the  best  evidence  in  his  power,  the 
facts  upon  which  the  ratio  of  apportionment  as  to  such  towns,  shall 
depend. 

No.  14 — [§8.]  The  superintendent  shall  certify  each  apportion 
ment  made  by  him,  to  the  comptroller,  and  shall  give  immediate 
notice  thereof,  to  the  clerk  of  each  county  interested  therein,  and 
to  the  clerk  of  the  city  and  county  of  New  York;  stating  the 
amount  of  moneys  apportioned  to  his  county,  and  to  each  town  and 
city  therein,  and  the  time  when  the  same  will  be  payable  to  the 
treasurer  of  such  county,  or  to  the  chamberlain  of  the  city  of  New 
York. 

No.  15— [§3.]  It  shall  be  the  duty  of  the  clerk  of  the  board  of 
supervisors  in  each  county  in  this  state,  on  the  last  day  of  Decem 
ber  in  each  year,  to  transmit  to  the  superintendent  of  common 
schools  certified  copies  of  all  resolutions  and  proceedings  of  the 
board  of  supervisors,  of  which  he  is  clerk,  passed  or  had  during  the 
preceding  year,  relating  to  the  raising  of  any  money  for  school 
or  library  purposes,  and  in  case  it  shall  not  appear  that  the  amount 
required  by  law  to  be  raised  for  school  and  library  purposes  has 
been  directed  to  be  raised  during  the  year  by  the  board  of  super 
visors  of  any  county,  the  superintendent-  of  common  schools  and  the 
comptroller  may  direct  that  the  money  appropriated  by  the  state 
and  apportioned  to  such  county,  be  withheld  until  the  amount  that 
may  be  deficient  shall  be  raised,  or  that  so  much  only  of  the  money 
apportioned  to  such  county  be  paid  to  the  treasurer  thereof,  as 
shall  be  equal  to  the  amount  directed  to  be  raised  therein  by  the 
supervisors  of  such  county  ;  and  in  such  case  the  balance  so  with 
held  shall  be  added  to  the  principal  of  the  common  school  fund. 

No.  16 — [s}9-]  The  superintendent  shall  prepare  suitable  forms 
and  regulations  tor  making  all  reports,  and  conducting  all  necessary 
proceedings  under  this  Title,  and  shall  cause  the  same,  with  such 
instructions  as  he  shall  deem  necessary  and  proper,  for  the  better 
organizations  and  government  of  common  schools,  to  be  transmitted 
to  the  officers  required  to  execute  the  provisions  of  this  Title 
throughout  the  state. 

No.  17 — [§10.]  He  shall  cause  so  many  copies  of  the  first  six 
Articles  of  this  Title,  with  the  forms,  regulations  and  instructions 
prepared  by  him,  thereto  annexed,  to  be,  from  time  to  time,  printed 
and  distributed  amongst  the  several  school  districts  of  the  state,  as 
he  shall  deem  the  public  good  to  require. 

No.  18 — [§!!•]  All  moneys  reasonably  expended  by  him,  in 
the  execution  of  his  duties,  shall  upon  due  proof,  be  allowed  to  him 
by  the  comptroller,  and  be  paid  out  of  the  treasury. 

No.  19  —  [413.]  Whenever  any  money  is  paid  into  the  treasury 
of  the  State  for  or  on  account  of  the  common  school  fund,  it  shall 
be  the  duty  of  the  comptroller  to  credit  the  common  school  fund 


100 

with  interest  on  the  sum  so  paid  in,  at  the  rate  of  six  per  cent  per 
annum,  for  the  time  the  same  shall  remain  in  the  Treasury.1 

ARTICLE    SECOND. 

Of  the  distribution  of  the   Common  School  Fund. 

No.  20 — [§12.]  The  sum  annually  to  be  distributed  for  the  en 
couragement  of  common  schools,  shall  be  paid  on  the  first  day  of 
February,  in  every  year,  on  the  warrant  of  the  comptroller,  to  the 
treasurers  of  the  several  counties,  and  the  chamberlain  of  the  city 
of  New  York. 

No.  21 — [§13.]  The  treasurer  of  each  county,  and  the  chamber 
lain  of  the  city  of  New  York,  shall  apply  for  and  receive  the  school 
moneys  apportioned  to  their  respective  counties,  as  soon  as  the  same 
become  payable. 

No.  22 — [§14.]  Each  treasurer  receiving  such  moneys,  shall 
give  notice  in  writing,  to  the  town  superintendent  or  to  some  one 
or  more  of  the  commissioners  of  common  schools  of  each  town  or 
city  in  his  county,  of  the  amount  apportioned  to  such  town  or  city, 
and  shall  hold  the  same  subject  to  the  order  of  such  town  superin 
tendent  or  commissioners. 

No.  23 — [§15.]  In  case  the  commissioners  or  town  superinten 
dent  of  any  such  city  or  town  shall  not  apply  for  and  receive  such 
moneys,  or  in  case  there  are  no  commissioners  or  town  superin 
tendent  appointed  in  the  same,  before  the  next  receipt  of  moneys 
apportioned  to  the  county,  the  moneys  so  remaining  with  the  treas 
urer  shall  be  retained  by  him,  and  be  added  to  the  moneys  next 
received  by  him,  for  distribution  from  the  superintendent  of  com 
mon  schools,  and  be  distributed  therewith,  and  in  the  same  propor 
tion. 

No.  24 — [§16.]  Whenever  the  clerk  of  any  county  shall  receive 
from  the  superintendent  of  common  schools  notice  of  the  apportion 
ment  of  moneys  to  be  distributed  in  the  county,  he  shall  file  the 
same  in  his  office,  and  transmit  a  certified  copy  thereof  to  the  county 
treasurer,  and  to  the  clerk  of  the  board  of  supervisors  of  the  county  ; 
and  the  clerk  of  the  board  of  supervisors  shall  lay  such  copy  before 
the  supervisors  at  their  next  meeting. 

Of  the  Election  and  Powers  of  Town  Superintendents. 

No.  25 — [§L]  There  shall  continue  to  be  elected  in  each  of  the 
towns  in  this  State,  at  the  same  time,  and  in  the  manner  now  pro 
vided  by  law  for  the  election  of  other  town  officers,  an  officer  to  be 
denominated  "  town  superintendent  of  common  schools,"  who  shall 
possess  all  the  powers,  perform  all  the  duties,  and  be  subject  to  all 
the  restrictions,  liabilities  arid  penalties  conferred  and  imposed  by 
this  act.2 


(1)  Laws  of  1849,  chap.  382,  §  13. 

(2)  This  and  the  following  sections,  except  where  altered  by  subsequent  en 
actments,  were  taken  from  the  act  chapter  480  of  Laws  of  1847. 


101 

No.  26 — [§3.]  The  town  superintendents  of  common  schools 
hereafter  to  be  elected  in  conformity  with  the  provisions  of  this 
act,  shall,  each  of  them,  on  or  before  the  first  Monday  of  Novem 
ber  succeeding  such  election,  execute  to  the  supervisor  of  his  town 
and  file  with  the  town  clerk,  a  bond  with  one  or  more  sufficient 
sureties  to  be  approved  by  the  said  supervisor  by  endorsement  over 
his  signature  on  said  bond,  with  a  penalty  in  double  the  amount  of 
all  the  school  moneys  received  by  his  town  from  all  sources  during 
the  preceding  year  and  conditioned  for  the  faithful  application  and 
legal  disbursement  of  all  the  school  money  coming  into  his  hands 
during  his  term  of  office,  and  for  the  faithful  discharge  of  all  the 
duties  of  said  office ;  and  in  case  such  bond  shall  not  be  executed, 
filed  and  approved  within  the  time  herein  prescribed,  the  office  of 
such  town  superintendent  shall  be  deemed  vacant ;  and  any  such 
or  any  other  vacancy  that  may  occur  in  said  office,  shall  be  filled 
by  any  three  justices  of  the  peace  of  the  same  town  by  a  warrant 
under  their  hands  and  seals,  who  are  hereby  authorized  to  make 
such  appointments ;  and  the  persons  so  appointed  shall  hold  their 
respective  offices  until  others  are  elected  or  appointed  in  their 
places,  and  shall  have  the  same  powers  and  be  subject  to  the  same 
duties  and  penalties  as  if  they  had  been  duly  chosen  by  the  elec 
tors. 

No.  27 — [§4.]  The  justices  making  the  said  appointment  shall 
forthwith  cause  the  said  warrant  to  be  filed  in  the  office  of  the 
town  clerk  of  the  town,  and  give  immediate  notice  to  the  person 
appointed. 

No.  28 — [§5-]  Every  town  superintendent  elected  after  this  act 
takes  effect  shall  on  executing  the  bond  as  before  provided,  enter 
upon  the  duties  of  his  said  office  on  the  first  Monday  of  November 
succeeding  his  election,  and  shall  hold  his  office  for  two  years  there 
after,  and  until  a  successor  who  shall  have  been  duly  elected,  shall 
have  taken  the  oath  of  office  and  filed  an  official  bond  pursuant  to 
the  provisions  of  this  act. 

No.  29 — [§14.]  Any  person  appointed  to  the  office  of  town  su 
perintendent  by  the  justices  of  the  peace,  shall  hold  his  office  till 
the  first  Monday  of  November  following  the  next  annual  town 
meeting,  and  whenever  the  office  of  town  superintendent  shall  be 
vacant  for  any  cause,  or  before  the  time  of  the  annual  town  meet 
ing,  shall  be  held  by  a  person  so  appointed,  the  electors  of  the 
town  at  such  town  meeting  shall  choose  a  town  superintendent  to 
fill  such  vacancy  or  to  supercede  such  appointee ;  and  the  person 
so  elected  shall  enter  upon  the  duties  of  the  office  on  the  first 
Monday  of  November  following  his  election,  and  shall  hold  his 
office  for  the  term  of  two  years.2 

No.  30 — [§6.]  No  town  superintendent  of  a  town  shall  hold  the 
office  of  trustee  of  a  school  district,  nor  shall  a  person  chosen  a 

(2)  Laws  of  1849,  Chap.  382,  §14. 


102 

trustee,  hold  the  office  of  district  clerk,  and  no  town  superintend 
ent  shall  hold  the  office  of  either  supervisor  or  town  clerk. 

No.  31 — [§!•]  The  office  of  trustees  of  the  Gospel  and  school 
lots  in  the  several  towns  in  this  state,  is  hereby  abolished  ;  and  the 
powers  and  duties  now  by  law  conferred  and  imposed  upon  said 
trustees,  shall  hereafter  be  exercised  by  the  town  superintendent  of 
common  schools. ' 

ARTICLE     THIRD. 

•  rjoi.tffa:oo  &«*  -a^v  ^-ui.-o  ,.iq  aril 
The  powers  and  duties  of  the  town  superintendent  of  common 

schools. 

No.  33 — §  8.  It  shall  be  the  duty  of  the  town  superintendent 
of  common  schools  in  each  town, 

1.  To  divide   the  town  into   a  convenient  number   of   school 
districts,  and  to  regulate  and  alter  such  districts  as  hereinafter  pro 
vided  : 

2.  To  set  off  by   itself  any  neighborhood  in  the  town  adjoining 
to  any  other  state  of  this  Union   where  it  has  been  usual  or  shall 
be  found  convenient  for  such  neighborhood    to    send  their  children 
to  school  in  such  adjoining  state : 

3.  To  describe  and  number  the   school  districts,    and  to  deliver 
the  description  and  numbers  thereof,  in  writing,  to  the  town  clerk, 
immediately  alter  the  formation  or  alteration  thereof: 

4.  To  deliver  to  such  town  clerk  a  description  of  each  neighbor 
hood,  adjoining  to  any  other  state,  set  off  by  itself: 

5.  To  apply  for  and  receive    from  the  county  treasurer  all  mon 
eys  apportioned  for  the  use  of  common  schools  in  his  town  : 

6.  To  apportion  the  school  moneys  received  on  the  first  Tuesday 
of  April,  in  each  year,  among   the  several  school  districts,  parts  of 
districts  and  neighborhoods  separately    set  off,  within  the  town,  in 
proportion  to  the  number  of  children  residing  in  each,  over  the  age 
of  four  and  under  that  of  twenty-one  years,  as  the  same  shall  have 
appeared   from  the  last  annual  report    of  their  respective  trus 
tees. 

7.  If  the  town    superintendent   shall   have    received   the  school 
moneys  of  the  town,  and   all  the    reports  from   the  several  school 
districts  therein,  before  the  first  Tuesday  of  April,   he  shall  appor 
tion  such  moneys  as  above  directed,  within  ten  days  after  receiving 
all  of  the  said  reports  and  the  said  moneys : 

8.  To  sue  for  and    collect,  by    his   name  of  office,  all  penalties 
and  forfeitures   imposed  in   this   title,   and  in  respect  to  which  no 
other  provision  is  made,  which  shall  be  incurred  by  any  officer  or 
inhabitant  of  his  town,  and  after  deducting  his  costs  and  expenses, 
to  add  the  sums  recovered  to  the    school  moneys  received  by  him, 
to  be  apportioned  and  paid  in  the  same  manner. 

No.  34 — §  9.   In  making   the  apportionment  of  moneys  among 

(1)  Laws  of  1846,  Chap.  86,  §1. 


103 

the,  several  school  districts,  no  share  shall  be  allotted  to  any  district, 
part  of  a  district  or  separate  neighborhood,  from  which  no  sufficient 
annual  report  shail  have  been  received  for  the  year  endfng  on  the 
last  clay  of  December  immediately  preceding  the  apportionment. 
No.  35 — [§10«]  In  making  the  apportionment  of  public  money, 
it  shall  be  duty  of  the  town  superintendent  to  designate  the  respec 
tive  proportions  of  teachers'  and  library  money  belonging  to  each 
district,  and  to  pay  over  as  much  as  is  designated  teachers'  money, 
on  the  written  order  of  a  majority  of  the  trustees  of  each  district, 
to  the  teachers  entitled  to  receive  the  same. 

No.  36-— [§H.]  No  moneys  shall  be  apportioned  and  paid  to 
any  district  or  part  of  a  district,  except  by  special  permission  of 
the  state  superintendent  of  common  schools,  unless  it  shall  appear 
by  such  report  that  a  school  had  been  kept  therein  for  at  least  six 
months  during  the  year  ending  at  the  date  of  such  report,  by  a 
qualified  teacher ; '  that  no  other  than  a  duly  qualified  teacher  had 
at  any  time  during  the  year  for  more  than  one  month  been  em 
ployed  to  teach  the  school  in  said  district ;  and  that  all  moneys  re 
ceived  during  that  year  have  been  applied  to  the  payment  of  the 
compensation  of  such  teacher ;  and  no  portion  of  the  library  money 
shall  be  apportioned  or  paid  to  any  district  or  part  of  a  district,  un 
less  it  shall  appear  from  the  last  annual  report  of  the  trustees  that 
the  library  money  received  at  the  last  preceding  apportionment 
was  duly  expended  according  to  law,  on  or  before  the  first  day  of 
October  subsequent  to  such  apportionment. 

No.  37 — [§  11.]  Ev<3ry  teacher  shall  be  deemed  a  qualified 
teacher  who  shall  hold  a  certificate  dated  within  one  year  from  the 
superintendent  of  common  schools  for  the  town  in  which  such 
teacher  shall  be  employed,  or  who  shall  have  in  possession  a  state  or 
county  certificate  of  qualification  or  a  diploma  from  the  state  nor 
mal  school.2 

No.  38 — [§  13.]  No  part  of  such  moneys  shall  be  apportioned 
or  paid  to  any  separate  neighborhood  adjoining  another  state,  un 
less  it  shall  appear  from  the  report  of  its  trustees  that  all  moneys 
received  by  them  during  the  year  ending  at  the  date  of  such  report 
have  been  faithfully  applied,  in  paying  for  the  instruction  of  chil 
dren  residing  in  such  neighborhood. 

No.  39 — [§  14.]  Whenever  an  apportionment  of  the  public 
money  shall  not  be  made  to  any  school  district,  in  consequence  of 
any  accidental  omission  to  make  any  report  required  by  law,  or  to 
comply  with  any  other  provision  of  law,  or  any  regulation,  the  state 
superintendent  may  direct  an  apportionment  to  be  made  to  su  -<h 
district,  according  to  the  equitable  circumstances  of  the  case,  to  be 
paid  out  of  the  public  money  on  hand ;  or  if  the  same  shall  have 
been  distributed,  out  of  the  public  money  to  be  received  in  a  suc 
ceeding  year. 

No.  40— [§  15.]  If  after  the  time  when  the  annual  reports 
are  required  to  be  dated,  and  before  the  apportionment  of  the  school 

(1)  Laws  of  1851,  chap.  151,  §  5.     (2)  Laws  of  1849,  chap.  382,  §  11. 


104 

moneys  shall  have  been  made,  a  district  shall  be  duly  altered,  or  a 
new  district  be  formed  in  the  town,  so  as  to  render  an  apportion 
ment  founded  solely  on  the  annual  reports,  unjust,  as  between  two 
or  more  districts  of  the  town,  the  town  superintendent  shall  make 
an  apportionment  among  such  districts,  according  to  the  number  of 
children  in  each,  over  the  age  of  four,  and  under  twenty-one  years, 
ascertaining  that  number  by  the  best  evidence  in  his  power. 

No.  41 — [§  16.]  The  provisions  of  the  foregoing  section  shall 
extend  to  all  cases  where  a  school  district  shall  have  been  formed 
at  such  time  previous  to  the  first  day  of  January,  as  not  to  have  al 
lowed  a  reasonable  time  to  have  kept  a  school  therein  for  the  term 
of  six  months,  such  district  having  been  formed  out  of  a  district  or 
districts  in  which  a  school  shall  have  been  kept  for  six  mouths  by 
a  teacher  duly  qualified,  during  the  year  preceding  the  first  day  of 
January. 

No.  42 — [§  17.]  All  moneys  apportioned  by  the  town  super- 
intendent,  to  the  trustees  of  a  district,  part  of  a  district,  or  separate 
neighborhood,  which  shall  have  remained  in  the  hands  of  the  town 
superintendent  for  one  year  after  such  apportionment,  by  reason  of 
the  trustees  neglecting  or  refusing  to  receive  the  same,  shall  be  ad 
ded  to  the  moneys  next  thereafter  to  be  apportioned  by  the  town 
superintendent,  and  shall  be  apportioned  and  paid  therewith  in  the 
same  manner. 

No.  43 — [§  18.]  In  case  any  school  moneys  received  by  the 
town  superintendent  cannot  be  apportioned  by  him,  for  the  term  of 
two  years,  after  the  same  are  received,  by  reason  of  the  non-com 
pliance  of  all  the  school  districts  in  his  town  with  the  provisions  of 
this  title,  such  moneys  shall  be  returned  by  him  to  the  county  treas 
urer,  to  be  by  him  apportioned  and  distributed,  together  and  in  the 
same  manner  with  the  moneys  next  thereafter  to  be  received  by 
him  for  the  use  of  common  schools. 

No.  44 — [§  19.]  It  shall  be  the  duty  of  the  town  superintend 
ent  in  each  town,  between  the  first  day  of  July  and  the  first  day  of 
August  in  each  year,  to  make  and  transmit  to  the  county  clerk  a 
report  in  writing,  bearing  date  on  the  first  day  of  July,  in  the  year 
of  its  transmission,  and  stating, 

1.  The  whole  number  of  school  districts  and  neighborhoods  sep 
arately  set  off  within  the  town  : 

2.  The  districts,  parts  of  districts  and  neighborhoods  from  which 
reports  shall  have  been  made  to  him,  or  his  immediate  predecessor 
in  office,  within  the  time  limited  for  that  purpose : 

3.  The  length  of  time  a  school  shall  have  been  kept  in  each  of 
such  districts  or  parts  of  districts,  distinguishing  what  portion  of 
that  time  the  school  shall  have  been  kept  by  qualified  teachers  : 

4.  The  amount  of  public  moneys  received  in  each  of  such  dis 
tricts,  parts  of  districts  and  neighborhoods  : 

5.  The  number  of  children  taught   in  each,  and  the  number  of 
children  over  the  age  of  four  and  under  twenty-one  years,  residing 
in  each  : 


105 

6.  The  whole  amount  of  moneys  received  by  him,  or  his  prede 
cessor  in  office,  during  the  year  ending  at  the  date  of  such  report, 
and  since  the  date  of  the  last  preceding  report ;  distinguishing  the 
amount  received  from  the  county  treasurer,  and  from  any  other 
and  what  source  : 

7.  The  manner  in  which  such  moneys  have  been  expended,  and 
whether  any,  and  what  part  remains  unexpended,  and  for  what 
cause  : 

8.  The  amount  of  money  paid  for  teachers'  wages,  in  addition  to 
the  public  money  paid  therefor,  the  amount  of  taxes  levied  for  pur 
chasing  school-house   sites,  for  building,  hiring,  purchasing,  repair 
ing  and  insuring   school-houses,  for  fuel  and  supplying  deficiencies 
in  rate  bills,  for  district  libraries,  or  for  any  other  purposes  allowed 
by  law,  in  the   districts,  parts  of  districts  and  neighborhoods  from 
which  reports  shall  have  been  received  by  him  or  his  immediate 
predecessor  in  office,  with  such  other  information  as  the  state  sup 
erintendent  may  from  time  to  time  require,  in  relation  to  the  dis 
tricts  and  schools  within  his  town. 

No.  45 — [§  20.]  Town  superintendents  who  neglect  to  furnish 
the  information  required  by  the  last  preceding  section,  shall  sever 
ally  forfeit  to  the  town  for  the  use  of  the  commom  schools  therein, 
the  sum  of  ten  dollars,  to  be  sued  for  by  the  supervisor  of  the  town. 

No.  46 — [§  21.]  In  case  the  town  superintendent  in  any  town 
shall  not,  on  or  before  the  first  day  of  August,  in  any  year,  make 
such  report  to  the  clerk  of  the  county,  it  shall  be  his  duty  to  give 
immediate  notice  of  such  neglect  to  the  clerk  of  such  town. 

No.  47 — [§  22.]  The  town  superintendent  neglecting  to  make 
such  report  within  the  limited  period,  shall  forfeit  to  the  town,  for 
the  use  of  the  common  schools  therein,  the  sum  of  ten  dollars ;  and 
the  share  of  school  moneys  apportioned  to  such  town  for  the  ensu 
ing  year,  may,  in  the  discretion  of  the  state  superintendent  be  with 
held,  and  be  distributed  among  the  other  towns  in  the  same  county, 
from  which  the  necessary  reports  shall  have  been  received. 

JV0.  48 — £|  23.]  When  the  share  of  school  moneys  apportion 
ed  to  a  town,  shall' thus  be  lost  to  the  town,  by  the  neglect  of  its 
town  superintendent,  the  town  superintendent  guilty  of  such  neg 
lect,  and  his  sureties  shall  be  liable  for  the  full  amount  so  lost  with 
interest. 

No.  49 — [§  24.]  It  shall  be  the  duty  of  the  supervisor  of  the 
town,  upon  notice  of  such  loss,  from  the  state  superintendent  or 
county  treasurer,  to  prosecute  without  delay,  in  the  name  of  the 
town,  for  such  forfeiture  ;  and  the  moneys  recovered  shall  be  dis 
tributed  and  paid  by  such  supervisor  to  the  several  districts,  parts 
of  districts,  or  separate  neighborhoods  of  the  town,  in  the  same 
manner  as  it  would  have  been  the  duty  of  the  town  superintendent 
to  have  distributed  and  paid  them,  if  received  from  the  county 
treasurer. 

No.  50 — [§  25.]  The  town  superintendent  in  each  town,  shall 
keep  a  just  and  true  account  of  all  school  moneys  received  and 


KM; 

expended  by  him  during  each  year  for  which  he  shall  have  been 
chosen,  and  shall  lay  the  same  before  the  board  of  auditors  of  town 
accounts  at  the  annual  meeting  of  such  board,  in  each  year 

No.  51 — [§  26.]  The  town  superintendent  of  common  schools 
in  each  town  shall,  within  fifteen  days  after  the  termination  of  his 
office,  render  to  his  successor  in  office,  a  just  and  true  account,  in 
writing,  of  all  school  moneys  by  him  received,  before  the  time  of 
rendering  such  account,  and  of  the  manner  in  which  the  same  shall 
have  been  appropriated  and  expended  by  him  ;  and  the  account  so 
rendered  shall  be  delivered  by  such  successor  in  office  to  the  town 
clerk,  to  be  filed  and  recorded  in  his  office. 

No.  52 — [§27.]  On  rendering  such  account,  if  any  balance 
shall  be  found  remaining  in  the  hands  of  the  town  superintendent, 
the  same  shall  immediately  be  paid  by  him  to  his  successor  in 
office. 

No.  53 — [§  28.]  If  such  balance,  or  any  part  thereof,  shall 
have  been  appropriated  by  the  town  superintendent  to  any  parti 
cular  school  district,  part  of  a  district  or  separate  neighborhood,  and 
shall  remain  in  his  hands  for  the  use  thereof,  a  statement  of  such 
appropriation  shall  be  made  in  the  account  so  to  be  rendered,  and 
the  balance  paid  to  such  successor  in  office,  shall  be  paid  over  by 
him,  according  to  such  appropriation. 

No.  54 — [§  29  ]  Such  successor  in  office  may  bring  a  suit  in 
his  name  of  office  for  the  recovery,  with  interest,  of  any  unpaid  bal 
ance  of  school  moneys,  that  shall  appear  to  have  been  in  the  hands 
of  any  previous  town  superintendent  on  leaving  his  office,  either  by 
the  accounts  rendered  by  such  town  superintendent,  or  by  other 
sufficient  proof,  and  in  case  of  the  death  of  such  town  superintend 
ent,  such  suit  may  be  brought  against  his  representatives. 

No.  55 — [§  30.]  The  town  superintendent  in  each  town,  shall 
have  the  powers  and  privileges  of  a  corporation,  so  far  as  to  ena 
ble  him  to  take  and  hold  any  property  transferred  to  him,  for  the 
use  common  schools  in  such  town. 

No  56 — [§  10.]  Town  superintendents  are  hereby  authorised 
to  administer  oaths  in  all  cases  relating  to  school  district  affairs  and 
controversies,  but  shall  not  be  entitled  to  charge  any  fees  there 
for.1 

No.  57 — [§  31.]  The  town  superintendent  shall  be  entitled  to 
receive  one  dollar  and  twenty-five  cents  per  day  for  every  day 
actually  and  necessarily  devoted  by  him  in  his  official  capacity,  to 
the  service  of  the  town  for  which  he  may  be  chosen,  the  same  to 
be  paid  in  like  manner  as  other  town  officers  are  paid. 

Of  the  duty  of  Town   Clerks. 

No.  58— [§  32.]  It  shall  be  the  duty  of  the  Town  Clerk  of 
each  town, 

1.  To  receive  and  keep  all  reports  made  to  the  town  superin 
tendent  from  the  trustees  of  school  districts,  and  all  the  books  anp 

(1)  Laws  of  1849,  chap.  382,  §  10. 


107 

papers  belonging  to  the  town  superintendent,  when  required,  and 
to  rile  them  in  his  office : 

2.  To  receive   all  his   estimates  and   apportionments  of  school 
money,  and  to  record  the  same  in  a  book  to  be  kept  for  that  pur 
pose  : 

3.  To  notify  the  town  superintendent,   upon   receiving  notice 
from  the  county  clerk  that  he  has  not  made  his  annual  report,  for 
the  purpose  of  making  such  report. 

ARTICLE    FOURTH. 

Of  Inspection  and  Supervision  by  Town  Superintendents. 

No.  59 — [§  33.]  The  town  superintendent  in  each  town  shall 
be  the  inspector  of  common  schools  therein,  and  every  town  super 
intendent,  during  his  continuance  in  office,  shall  be  deemed  a  qual 
ified  teacher.1 

No.  60 — [§  34.]  It  shall  be  his  duty  to  examine  all  persons 
offering  themselves  as  candidates  for  teaching  common  schools  in 
such  town. 

No.  61 — £§  35.]  In  making  such  examination,  it  shall  be  the 
duty  of  the  town  superintendent  to  ascertain  the  qualification  of  the 
candidate,  in  respect  to  moral  character,  learning  and  ability. 

No.  62 — [§  36  ]  If  he  shall  be  satisfied  in  respect  to  the  qual 
ifications  of  the  candidate,  he  shall  deliver  to  the  person  so  exam 
ined,  a  certificate  signed  by  him,  in  such  form  as  shall  be  prescribed 
by  the  state  superintendent. 

No.  63 — [§  37.]  The  town  superintendent  may  annul  any 
such  certificate  given  by  him  or  his  predecessors  in  office,  when  he 
shall  think  proper,  giving  at  least  ten  days'  previous  notice  in  wri 
ting  to  the  teacher  holding  it,  and  to  the  trustees  of  the  district  in 
which  he  may  be  employed,  of  his  intention  to  annul  the  same. 

No.  64 — [§  38.]  The  town  superintendent,  whenever  he  shall 
deem  it  necessary,  may  require  a  re-examination  of  all  or  any  of 
the  teachers  in  his  town,  for  the  purpose  of  ascertaining  their  qual 
ifications  to  continue  as  such  teachers. 

No.  65 — [§  39.]  The  annulling  of  a  certificate  shall  not  dis 
qualify  the  teacher  to  whom  it  was  given,  until  a  note  in  writing 
thereof,  containing  the  name  of  the  teacher,  and  the  time  when  his 
certificate  was  annulled,  shall  be  made  by  the  town  superintendent, 
and  filed  in  the  office  of  the  town  clerk. 

No,  66—  [§  40.]  When  any  school  district  shall  be  composed 
of  parts  of  two  or  more  towns,  the  town  superintendent  of  the 
town  in  which  the  school  house  of  such  district  may  be  situated, 
shall  examine  into  and  certify  the  qualifications  of  any  teacher 
offering  to  teach  in  such  district,  in  the  same  manner  as  is  provi 
ded  by  the  preceding  sections  of  this  article,  and  may  also  in  the 
same  manner  annul  the  certificate  of  such  teacher ;  and  no  school- 

(1)  Laws  of  1849,  chap.  382,  §  9. 


108 

house  shall  be  erected  so  as  to  stand  on  the  division  lines  of  any 
two  or  more  towns. 

No.  67 — [§  41.]  It  shall  be  the  duty  of  the  town  superinten 
dent  to  visit  all  such  common  schools,  within  his  town,  as  shall  be 
organized  according  to  law,  at  least  twice  a  year,  and  oftener  if  he 
shall  deem  it  necessary. 

No.  68 — [§  42.]  At  such  visitation,  the  town  superintendent 
shall  examine  into  the  state  and  condition  of  such  schools,  both  as 
respects  the  progress  of  the  scholars  in  learning,  and  the  good 
order  of  the  schools  j  and  may  give  his  advice  and  direction  to  the 
trustees  and  teachers  of  such  schools  as  to  the  government  thereof, 
arid  the  course  of  studies  to  be  pursued  therein. 

ARTICLE    FIFTH. 

Of  the  Formation  and  Alteration  of  School  Districts. 

No.  69 — [§  43.]  In  the  erection  or  alteration  of  a  school  dis 
trict,  the  trustees  of  any  district  to  be  affected  thereby,  may  apply 
to  the  supervisor  and  town  clerk  to  be  associated  with  the  town 
superintendent ;  and  their  action  shall  be  final  unless  duly  appeal 
ed  from  ;  the  compensation  of  the  supervisor  and  town  clerk  when 
thus  associated,  shall  be  the  same  as  that  of  the  town  superinten 
dent. 

No.  70 — [§  44.]  Whenever  it  may  become  necessary  or  con 
venient  to  form  a  district  out  of  two  or  more  adjoining  towns,  the 
town  superintendent  of  each  of  such  adjoining  towns,  or  the  major 
part  of  them,  may  form,  regulate  and  alter  such  district. 

No.  71 — [§  45.]  No  alteration  of  any  school  district,  made 
without  the  consent  of  the  trustees  thereof,  shall  take  effect  until 
three  months  after  notice,  in  writing,  shall  be  given  by  the  town 
superintendent,  to  some  one  or  more  of  such  trustees  ;  nor  shall 
any  alteration  or  regulation  of  an  organized  school  district  be  made 
to  take  effect  between  the  first  day  of  December  in  any  one  year, 
and  the  first  day  of  May  following. 

No.  72 — [§  46.]  If  the  town  supeintendent  in  any  town,  shall 
require  by  notice  in  writing,  the  attendance  of  the  town  super 
intendents  of  any  other  town  or  towns,  at  a  joint  meeting 
for  the  purpose  of  altering  a  school  district  formed  from  their 
respective  towns,  and  a  major  part  of  the  town  superintendents 
notified  shall  refuse  or  neglect  to  attend,  the  town  superintendents 
attending,  by  a  majority  of  votes,  may  call  a  special  district  meet 
ing  of  such  district,  for  the  purpose  of  deciding  on  such  proposed 
alteration ;  and  the  decision  of  such  meeting  shall  be  as  valid  as 
if  made  by  the  town  superintendents  of  all  the  towns  interested, 
but  shall  extend  no  further  than  to  dissolve  the  district  formed 
from  such  towns. 

No.  73 — [§  50.]  When  two  or  more  districts  shall  be  consoli 
dated  into  one,  the  new  district  shall  succeed  to  all  the  rights  of 
property  possessed  by  the  districts  of  which  it  shall  be  composed, 


109 

and  when  a  district  is  annulled  and  portions  thereof  are  annexed 
to  other  districts,  the  property  of  the  district  so  annulled  shall  be 
sold  by  the  town  superintendent  of  the  town  in  which  the  school 
house  is  located,  at  public  auction  to  the  highest  bidder  therefor, 
after  at  least  five  days  public  notice  by  notices  posted  in  three  or 
more  public  places  in  said  town,  one  of  which  shall  be  within  the 
district  so  annulled,  and  the  proceeds  of  such  sale  shall  be  first 
applied  so  far  as  requisite,  to  the  payment  of  any  just  debts  due 
from  the  district  so  annulled,  and  the  residue  thereof  shall  be 
apportioned  among  the  taxable  inhabitants  of  the  district  so 
annulled  in  the  ratio  of  their  several  assessments  upon  the  last 
corrected  assessment  roll  of  the  town  or  towns  within  which  such 
district  is  located.1 

No.  74 — [§  52.]  When  there  shall  be  any  moneys  in  the  hands 
of  the  officers,  of  a  district  that  is  or  may  be  annulled,  or  belong 
ing  to  such  district,  the  town  superintendent  of  the  town  may 
demand,  sue  for  and  recover  the  same,  in  his  name  of  office,  and 
shall  apportion  the  same  equitably  between  the  districts  to  which 
the  several  portions  of  such  annulled  district  may  have  been  an 
nexed,  to  be  held  and  enjoyed  as  district  property. 

No.  75 — [§  53.]  Whenever  a  school  district  shall  be  dissolved 
by  consolidation,  or  otherwise,  it  shall  be  the  duty  of  the  trustees 
of  such  district  to  make  out  all  the  necessary  ratebills  and  tax-lists, 
and  issue  their  warrants  according  to  law,  for  the  collection  of  all 
such  sums  of  money  as  shall  be  necessary  to  discharge  all  legal 
liabilities  of  such  district  so  dissolved  or  consolidated,  and  to  call 
special  meetings  of  the  legal  voters  of  such  district,  if  it  be  neces 
sary,  to  raise  money  by  tax,  to  discharge  such  demands,  and  the 
collector  to  whom  any  such  rate-bill  or  tax-list  and  warrant  shall 
be  delivered  for  collection,  shall  have  power  to  execute  the  same 
in  the  same  manner  and  with  like  authority  as  though  such  dis 
trict  had  not  been  dissolved  or  consolidated. 

Of  the  powers  of  school  district  inhabitants,  and  of  the  choice, 
duties  and  powers  of  school  district  officers. 

No.  76 — [§54.]  Whenever  any  school  district  shall  be  formed 
in  any  town,  it  shall  be  the  duty  of  the  town  superintendent, 
within  twenty  days  thereafter,  to  prepare  a  notice  in  writing, 
describing  such  district,  and  appointing  a  time  and  place  for  the 
first  district  meeting,  and  to  deliver  such  notice  to  a  taxable  inhab 
itant  of  the  district. 

No.  77 — [$  55.]  It  shall  be  the  duty  of  such  inhabitant  to  notify 
every  other  inhabitant  of  the  district,  qualified  to  vote  at  district 
meetings,  by  reading  the  notice  in  the  hearing  of  such  inhabitant, 
or  in  case  of  his  absence  from  home,  by  leaving  a  copy  thereof,  or 
of  so  much  thereof  as  relates  to  the  time  and  place  of  such  meet 
ing,  at  the  place  of  his  abode,  at  least  six  days  before  the  time  of 
the  meeting. 

(1)  Laws  of  1849,  Chap.  382,  §2. 

- 


no 

.  A 

JVb.  78 — [§  56.]  In  case  such  notice  shall  not  be  given,  or  the 
inhabitants  of  a  district  shall  refuse  or  neglect  to  assemble,  or 
form  a  district  meeting,  when  so  notified  ;  or  in  case  any  such  dis 
trict,  having  been  formed  and  organized  in  pursuance  of  such 
notice,  shall  afterwards  be  dissolved,  so  that  no  competent  author 
ity  shall  exist  therein,  to  call  a  special  district  meeting  in  the 
manner  hereinafter  provided  ;  such  notice  shall  be  renewed  by 
the  town  superintendent,  and  served  in  the  manner  above  pre 
scribed. 

No  79 — [<§  57.]  Every  taxable  inhabitant  to  whom  a  notice 
of  a  district  meeting  shall  have  been  properly  delivered  for  service, 
who  shall  refuse  or  neglect  to  .-  erve  the  notice  in  the  manner  above 
in  this  article  enjoined,  shall  for  every  such  offence  forfeit  the  sura 
of  five  dollars. 

No.  80 — [§  58.]  Whenever  any  district  meeting  shall  be  called, 
in  the  manner  prescribed  in  the  preceding  sections  of  this  article, 
it  shall  be  the  duty  of  the  inhabitants  of  the  district,  qualified  to 
vote  at  district  meetings,  to  assemble  together  at  the  time  and  place 
mentioned  in  the  notice. 

No.  81 — [§  59.]  Every  male  person  of  full  age,  residing  in 
any  school  district,  and  entitled  to  hold  lands  in  this  state,  who 
owns  or  hires  real  property  in  such  district  subject  to  taxation  for 
school  purposes,  and  every  resident  of  such  district  authorized  to 
vote  at  town  meetings  of  the  town  in  which  such  district  or  part 
of  district  is  situated,  and  who  has  paid  any  rate-bill  for  teachers' 
wages  in  such  district,  within  one  year  preceding,  or  who  owns 
any  personal  property  liable  to  be  taxed  for  school  purposes  in 
such  districts,  exceeding  fifty  dollars  in  value,  exclusive  of  such 
as  is  exempt  from  execution,  and  no  others,  shall  be  entitled  to 
vote  at  any  school  district  meeting  held  in  such  district. 

No.  82 — [§  60.]  If  any  person  offering  to  vote  at  any  school 
district  meeting,  shall  be  challenged  as  unqualified  by  any  legal 
voter  in  such  district,  the  chairman  presiding  at  such  meeting  shall 
require  the  person  so  offering,  to  make  the  following  declaration  : 
"  I  do  declare  and  affirm  that  I  am  an  actual  resident  of  this 
school  district,  and  that  I  am  qualified  to  vote  at  this  meeting." 
And  every  person  making  such  declaration  shall  be  permitted  to 
vote  on  all  questions  proposed  at  such  meeting ,  but  if  any 
person  shall  refuse  to  make  such  declaration,  his  vote  shall  be 
rejected, 

No.  83 — [§  61.]  Every  person  who  shall  wilfully  make  a  false 
declaration  of  his  right  to  vote  at  a  district  meeting,  upon  being 
challenged  as  herein  before  provided,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  punishable  by  imprisonment  in  the  county  jail 
for  a  term  not  exceeding  one  year,  nor  less  than  six  months,  at  the 
discretion  of  the  court ;  and  any  person  voting  at  any  school  dis 
trict  meeting  without  being  qualified,  shall,  on  conviction,  be  subject 
to  a  fine  of  ten  dollars,  to  be  sued  for  and  recovered  by  the  trus 
tees  of  the  district  for  its  use,  and  with  costs  of  suit,  before  any 
justice  of  the  peace. 


Ill 

• 

No.  84 — [§  62.]  The  inhabitants  so  entitled  to  vote,  when  so 
assembled  in  such  district  meeting,  or  when  lawf'ully  assembled  at 
any  other  district  meeting,  shall  have  power,  by  a  majority  of  the 
votes  of  those  present: 

1.  To  appoint  a  chairman  for  the  time  being: 

2.  To  adjourn  from  time  to  time,  as  occasion   may  require  : 

3.  To  chose  a  district  clerk,  three  trustees,  a  district  collector, 
and  a  librarian  at  their  first  meeting,    and  as  often  as  such  offices 
or  either  of  them  become  vacated  : 

4.  To  designate  a  site  for  a  district  school  house  : 

5.  To  lay  such  tax  on  the  taxable  inhabitants  of  the  district,  as 
the  meeting  shall   deem  sufficient  to  purchase  or  lease  a  suitable 
site  for  a  school  house,  and  to  build,  hire  or  purchase  such  school 
house,  and  to  keep  in  repair  arid  furnish  the  same  with  the  necessary 
fuel  and  appendages  : 

6.  To   alter,  repeal  and  modify  their  proceedings  from  time  to 
time  as  occasion  may  require : 

7.  To    vote   a   tax   for    the    purchase   of  a   book  for  the  pur 
pose  of  recording  the  proceedings  in  their  respective  districts: 

8.  With  the  consent  of  the  town  superintendent  of  the   town,  to 
designate  sites  for  two  or  more  school  houses,  for  such  district,  and 
lay  a  tax  on  the  taxable  property   in   such  district,  to  purchase  or 
lease  such  sites,  and  to  hire,  build  or  purchase  such  school  houses, 
and  to  keep  in  repair,  and  furnish   the   same  with  necessary    fuel 
and  appendages,  and   may  also  in   their   discretion   lay  a  tax,  not 
exceeding  twenty  dollars  in  any  one  year,  to  purchase  maps,  globes, 
black-boards,  and  other  school  apparatus. 

No.  85 — [§  63.]  The  trustees  chosen  at  the  first  legal  meeting 
of  any  school  district,  shall  be  divided  by  lot  into  three  classes,  to 
be  numbered,  one,  two  and  three  ;  the  term  of  office  of  the  first 
class  shall  be  one  year,  of  the  second,  two,  of  the  third,  three  ; 
and  one  trustee  only  shall  thereafter  annually  be  elected,  who  shall 
hold  his  office  for  three  years,  and  until  a  successor  shall  be  duly 
elected  or  appointed.  In  case  of  a  vacancy  in  the  office  of  either 
of  the  trustees,  during  the  period  for  which  he  or  they  shall  have 
been  respectively  elected,  the  person  or  persons  chosen  or  appointed 
to  such  vacancy  shall  hold  the  office  only  for  the  unexpired 
term. 

No.  86 — [§  64.]  Every  notice  of  a  district  meeting  called  in 
pursuance  of  this  act  shall  state  the  purpose  for  which  such 
meeting  is  called, 

No.  87 — [§.  65.]  In  each  school  district  an  annual  meeting 
shall  be  held  at  the  time  and  place  previously  appointed  ;  and 
at  the  first  district  meeting,  and  at  each  annual  meeting,  the 
time  and  place  of  holding  the  next  annual  meeting  shall  be 
fixed. 

No.  88 — [§  66.]  Whenever  the  time  for  holding  annual  meet 
ings  in  a  district  for  the  election  of  district  officers  shall  pass 
without  such  election  being  held,  a  special  meeting  shall  be  notified 


112 

by  the  clerk  of  such  district  to  choose  such  officers  ;  and  if  no  such 
notice  be  given  by  him  or  the  trustees  last  elected  or  appointed, 
with  twenty  days  after  such  time  shall  have  passed,  the  town 
superintendent  or  town  clerk  may  order  any  inhabitant  of  such 
district  qualified  to  vote  at  district  meetings,  to  notify  such  meeting 
in  the  manner  provided  by  law  in  case  of  the  formation  of  a  new 
district ;  and  the  officers  chosen  at  any  such  special  meeting, 
shall  hold  their  office  until  the  time  for  holding  the  next  annual 
meeting. 

No.  89— [§  67.]  When  the  clerk  and  all  the  trustees  of  a 
school  district  shall  have  removed  or  otherwise  vacated  their 
office,  and  where  the  records  of  a  district  shall  have  been  de 
stroyed  or  lost,  or  where  trustees  neglect  or  refuse  to  call  meet 
ings  to  choose  trustees,  the  superintendent  shall  have  authority 
to  order  such  meetings,  and  the  same  shall  be  notified  in  the 
manner  provided  by  law  in  the  case  of  the  formation  of  new 
districts. 

No.  90 — [§  68.]  When  in  consequence  of  the  loss  of  the  rec 
ords  of  a  school  district,  or  the  omission  to  designate  the  day  for  its 
annual  meeting,  there  shall  be  none  fixed,  or  it  cannot  be  ascertained, 
the  trustees,  of  such  district  may  appoint  a  day  for  holding  the 
annual  meeting  of  such  district. 

No.  91 — [§  69.]  A  special  meeting  shall  be  held  in  each  dis 
trict  whenever  called  by  the  trustees  ;  and  the  proceedings  of  no 
district  meeting,  annual  or  special,  shall  be  held  illegal  for  want  of 
a  due  notice  to  all  the  persons  qualified  to  vote  thereat,  unless  it 
shall  appear  that  the  omission  to  give  such  notice  was  wilful  and 
fraudulent. 

No.  92 — [§  70.]  No  tax  to  be  voted  by  a  district  meeting  for 
building,  hiring  or  purchasing  a  school  house,  shall  exceed  the  sum 
of  four  hundred  dollars,  unless  the  town  superintendent  of  the 
town  in  which  the  school  house  is  to  be  situated,  shall  certify  in 
writing  his  opinion  that  a  larger  sum  ought  to  be  raised,  and  shall 
specify  the  sum  ;  in  which  case,  a  sum  not  exceeding  the  sum  so 
specified,  shall  be  raised ;  and  in  districts  composed  of  parts  of 
several  towns,  the  certificate  of  a  major  part  of  the  superintendents 
of  said  towns  shall  be  necessary  for  such  purpose. 

No.  93 — [§  71.]  Whenever  a  majority  of  all  the  taxable 
inhabitants  of  any  school  district,  to  be  ascertained  by  taking  and 
recording  the  ayes  and  noes  of  such  inhabitants  attending  at  any 
annual,  special  or  adjourned  school  district  meeting  legally  called 
or  held,  shail  determine  that  the  sum  proposed  and  provided  for  in 
the  next  preceding  section,  shall  be  raised  by  instalments  ;  it  shall 
be  the  duty  of  the  trustees  of  such  district,  and  they  are  hereby 
authorized  to  cause  the  same  to  be  levied,  raised  and  collected,  in 
equal  annual  instalments,  in  the  same  manner,  and  with  the  like 
authority  that  other  school  district  taxes  are  raised,  levied  and  col 
lected,  and  to  make  out  their  tax  list  and  warrant,  for  the  collec 
tion  of  such  instalments  as  they  become  payable  according  to  the 


113 

vote  of  the  said  inhabitants  ;  but  the  payment  or  collection  of  the 
last  instalment  shall  not  be  extended  beyond  five  years  from  the 
time  such  vote  was  taken  ;  and  no  vote  to  levy  any  such  tax  shall 
be  reconsidered  except  at  an  adjourned  general  or  special  meeting 
to  be  held  within  thirty  days  thereafter,  and  the  same  majority 
shall  be  required  for  reconsideration  as  is  required  to  levy  such  tax. 

No.  94 — [§  72.]  In  every  case  where  a  district  embraces  a 
part  of  more  than  one  town,  the  town  superintendents  of  the 
towns  so  in  part  embraced,  upon  application  of  the  trustees  of  such 
districts,  or  of  those  persons  liable  to  pay  taxes  upon  real  property 
therein,  shall  proceed  to  enquire  and  determine  whether  the  valu 
ation  of  real  property  upon  the  several  assessment  rolls  of  said 
towns  are  substantially  just  as  compared  with  each  other,  so  far  as 
such  district  is  concerned,  and  if  determined  not  to  be  so,  they 
shall  determine  the  relative  proportion  of  taxes  that  ought  to  be 
assessed  upon  the  real  property  of  the  parts  of  such  districts  so 
lying  in  different  towns,  and  the  trustees  of  such  district  shall  there 
upon  assess  the  proportion  of  any  tax  thereafter  to  be  raised  accor 
ding  to  the  determination  of  said  superintendents  until  the  same 
shall  be  altered  by  said  superintendents  upon  like  application, 
using  the  assessment  rolls  of  the  several  towns  to  distribute  the 
said  proportion  among  the  persons  liable  to  be  assessed  for  the 
same.  In  cases  where  two  superintendents  shall  be  unable  to 
agree,  they  shall  summon  a  superintendent  from  some  adjoining 
town,  who  shall  unite  in  such  inquiry  and  determination. 

jVo.  95 — [§  73.]  Whenever  a  school  house  shall  have  been 
built  or  purchased  for  a  district,  the  site  of  such  school  Jiouse  shall 
not  be  changed,  nor  the  building  thereon  be  removed,  as  long  as 
the  district  shall  remain  unaltered,  unless  by  the  consent,  in  wri 
ting,  of  the  town  superintendents  of  common  schools,  of  the  town 
or  towns  within  which  such  districts  shall  be  situated,  stating  that 
in  their  opinion  such  removal  is  necessary  ;  nor  then,  unless  a  ma 
jority  of  all  the  taxable  inhabitants  of  said  district  to  be  ascertain 
ed  by  taking  and  recording  the  ayes  and  noes,  at  a  special  meet 
ing,  called  for  that  purpose,  shall  be  in  favor  of  such  new  site. 

No.  96 — [§  74.]  Whenever  the  site  of  a  school  house  shall 
have  been  changed  as  herein  provided,  the  inhabitants  of  the  dis 
trict  entitled  to  vote,  lawfully  assembled  at  any  district  meeting, 
shall  have  power  by  a  majority  of  the  votes  of  those  present,  to 
direct  the  sale  of  the  former  site  or  lot,  and  the  buildings  thereon, 
and  appurtenances,  or  any  part  thereof,  at  such  price,  and  upon 
such  terms  as  they  shall  deem  most  advantageous  to  the  district ; 
and  any  deed  duly  executed  by  the  trustees  of  such  district,  or  a 
majority  of  them,  in  pursuance  of  such  direction,  shall  be  valid 
and  effectual  to  pass  all  the  estate  or  interest  of  such  school  dis 
trict  in  the  premises  intended  to  be  conveyed  thereby,  to  the  gran 
tee  named  in  such  deed  ;  and  when  a  credit  shall  be  directed  to 
be  given  upon  such  sale,  for  the  consideration  money,  or  any  part 
thereof,  the  trustees  are  hereby  authorized  to  take  in  their  corpo- 
8 


114 

rate  nnme,  such  security  by  bond  and  mortgage,  or  otherwise,  for 
the  payment  thereof,  as  they  shall  deem  best,  and  shall  hold  the 
same  as  a  co.  poration,  and  account  therefor  to  their  successors  in 
office  and  to  the  district,  in  the  manner  they  are  now  required  r 
law  to  account  for  moneys  received  by  them  ;  and  the  trustees  of 
any  such  district  for  the  time  being,  may  in  their  name  of  office, 
eue  for  and  recover  the  moneys  due  and  unpaid  upon  any  security 
so  taken  by  them,  or  their  predecessors  in  office,  with  interest  and 
cost. 

No.  97 — [§  75.]  All  moneys  arising  from  any  sale  made  in 
pursuance  of  the  last  preceding  section,  shall  be  appropriated  to  the 
payment  of  the  expenses  incurred  in  procuring  a  new  site,  and  in 
removing  or  erecting  a  school  house  or  either  of  them,  so  far  as 
such  application  thereof  shall  be  deemed  necessary. 

No.  98 — [§  77.]  In  case  the  office  of  trustee  shall  be  vacated 
by  the  death,  refusal  to  serve,  removal  out  of  the  district,  or  inca 
pacity  of  any  such  officer,  and  the  vacancy  shall  not  be  supplied 
by  a  district  meeting  within  one  month  thereafter,  the  town  super 
intendent  of  the  town  may  appoint  any  person  residing  in  such 
district  to  supply  such  vacancy. 

No.  99 — [§  78.]  In  case  of  a  vacancy  in  the  office  of  school 
district  clerk,  collector  or  librarian,  for  any  of  the  causes  men 
tioned  in  the  next  preceding  section,  such  vacancy  may  be  supplied 
bv  appointment  under  the  hands  of  the  trustees  of  the  district  or  a 
majority  of  them,  and  the  persons  so  appointed  shall  hold  their 
respective  offices  until  the  next  annual  meeting  of  the  district,  and 
until  others  are  elected  in  their  places. 

No.  100 — [§  79.]  Every  person  duly  chosen  or  appointed  to 
any  such  office,  who,  without  sufficient  cause,  shall  refuse  to  serve 
therein,  shall  forfeit  the  sum  of  five  dollars;  and  every  person  so 
chosen  or  appointed,  and  not  having  refused  to  accept,  who  shall 
neglect  to  perform  the  duties  of  his  office,  shall  forfeit  the  sum  of 
ten  dollars. 

No.  101 — [§  80.]  Any  person  chosen  or  appointed  to  any 
such  office,  may  resign  the  same  by  presenting  his  resignation  to 
the  town  superintendent  of  the  town  where  such  officer  shall 
reside,  who  is  authorised  for  sufficient  cause  shown  to  him,  to 
accept  the  same,  and  the  acceptance  of  such  resignation  shall  be  a 
bar  to  the  recovery  of  either  of  the  penalties  mentioned  in  the 
preceding  section.  The  town  superintendent  accepting  the  resig 
nation  shall  give  notice  thereof  to  the  clerk,  or  to  one  of  the 
trustees  of  the  school  district,  to  which  the  officer  resigning  shall 
belong. 

jVo.  102— [§  81.]  It  shall  be  the  duty  of  the  clerk  of  each 
school  district, 

1.  To  record  the  proceedings  of  his  district  in  a  book  to  be  pro 
vided  for  that  purpose  by  the  district,  and  to  enter  therein  true 
copies  of  all  reports  made  by  the  trustees  of  his  district,  to  the 
town  superintendent. 


115 

!2.  To  give  notice  of  the  time  and  place  for  special  district  meet 
ings,  when  the  same  shall  be  called  by  the  trustees  of  the  district, 
to  each  inhabitant  of  such  district  liable  to  pay  taxes,  at  least  five 
days  before  such  meeting  shall  be  held,  in  the  manner  prescribed 
in  the  fifty-fifth  section  of  this  act : 

3.  To  affix  a   notice  in   writing  of  the  time  and  place  for  any 
adjourned  district  meeting,  when  the  same  shall  be  adjourned  for  a 
longer  time   than  one  month,  in   at  least  four  of  the  most  public 
places  of  such  district,  at  least  five  days  before  the  time  appointed 
for  such  adjourned  meeting  : 

4.  To   give    the    like    notice  of  every  annual  district  meeting : 

5.  To  keep  and  preserve  all  records,  books  and  papers,  belong 
ing  to  his  office,  and  to  deliver  the  same  to  his  successor  in  office  ; 
and  in  case  ot  his  neglect  or  refusal  so  to  do,  he  shall  be  subject  to 
a  fine  of  not  exceeding  fifty  dollars. 

Of  the  duty  of  trustees  of  school   districts. 

No.  103— [§  82.]  It  shall  be  the  duty  of  the  trustees  of  every 
school  district,  and  they  shall  have  power, 

1.  To  call  special  meetings  of  the  inhabitants  of  such   districts 
liable  to  pay  taxes,  whenever  they  shall  deem  it  necessary  and 
proper : 

2.  To  give  notice  of  special,  annual   and  adjourned  meetings 
in  the  manner  prescribed   in   the  last  preceding  section,  if  there 
be  no  clerk  of  the  district,  or  he  be  absent  or  incapable  of  acting: 

3.  To   make    out  a   tax  list  of  every  district  tax,  voted  by  any 
such  meeting,  containing  the  names  of  all  the  taxable  inhabitants 
residing  in   the  district  at  the  time  of  making   out  the  list,  and 
the  amount  of  tax  payable  by  each  inhabitant,  set  opposite  to  his 
name  : 

4.  To  annex  to  such  tax  list  a  warrant,  directed  to  the  collec 
tor  of  the  district,for  the  collection  of  the  sums  in  such  list  mentioned  : 

5.  To  purchase  or  lease  *a  site  for   the  district  school  house,  as 
designated  by  a  meeting  of  the  district,  and  to  build,  hire  or  pur 
chase,  keep  in  repair,  and  furnish  such  school  house  with  necessary 
fuel  and  appendages,  out  of  the  funds  collected  and  paid  to  them 
for  such  purposes : 

6.  To  have  the  custody  and  safe-keeping  of  the  district  school- 
house  : 

7.  To  contract  with  and  employ  all  teachers  in  the  districts : 

8.  To  pay  the  wages  of  such  teachers  when  qualified,  by  giving 
them  orders  on  the  town  superintendents  for  the  public  money  be 
longing  to  their  districts,  so  far  as  such  moneys  shall  be  sufficient 
for  that  purpose  ;  and  to  collect  the  residue  of  such  wages  from  all 
persons  liable  therefor:1 

9.  To  divide   the   public  moneys  received  by  them,  whenever 
authorized  by  a  vote  of  their  district,  into  not  exceeding  two  por 
tions  for  each  year ;  to  assign  and  apply  one.  of  such  portions  to 
each  term  during  which  a  school  shall  be  kept  in  such  district,  for 

(1)  Laws  of  1849,  chap.  382,  §  12 


116 

the  payment  of  teacher's  wages  during  such  term  ;  and  to  collect 
the  residue  of  such  wages,  not  paid  by  the  proportion  of  public 
money  allotted  for  that  purpose,  from  the  persons  liable  therefor,  as 
above  provided : 

10.  To  exempt  from  the  payment  of  the  wages  of  teachers, 
either  in  part  or  wholly,  such  indigent  persons  within  the    district 
as  they  shall  think   proper,  in  any   one  quarter  or  term,  and  the 
same  shall  be  a  charge  upon  such  district: 

11.  To   certify   such    exemptions   and   deliver   the   certificate 
thereof  to   the   clerk   of   the   district  to  be  kept   on   file   in   his 
office : 

12.  To  ascertain  by  examination  of  the  school  lists  kept  by  such 
teachers,  the  number  of  days  for  which  each  person  not  so  exempt 
ed,  shall  be  liable  to  pay  for  instruction,  and  the  amount  payable 
by  each  person : 

13.  To  make  out  a  rate-bill   containg  the  name  of  each  person 
so  liable,  and  the  amount  for  which  he  is  liable ;  and  to  annex 
thereto  a  warrant  for  the  collection  thereof: 

14.  To  deliver  such  rate-bill,    with  the  warrant  annexed,  after 
the  same  shall  have  been  made  out  and  signed  by  them,  to  the  col 
lector  of  the  district,   who  shall  execute  the  same  in   like  manner 
with  other  warrants  directed  by  such  trustees   to  such  collector  for 
the  collection  of  district  taxes,  except  as  hereinafter  provided  ;  and 
the  collector  to  whom  any  such  rate-bill   and  warrant  shall  be  de 
livered  for  collection,  shall  possess  the  same  power,  be  entitled  to 
the  same  fees,  and  subject  to  the    same  restrictions  and  liabilities 
with  their  bail  and  sureties,  except  as  hereinafter  provided,  as  by 
this  title  is  provided  in  proceedings  to  collect  school  district  taxes.  ' 

JV0.  104 — [§  9.]  The  trustees  of  any  school  district  may  expend 
in  the  repair  of  the  school  house  a  sum  not  exceeding  ten  dol 
lars  in  any  one  year,  and  the  same  may  be  levied  and  collected  by 
a  separate  tax,  or  added  to  any  tax  authorized  to  be  levied  and  col 
lected.  2 

No.  105 — [§  84.]  Where  by  reason  of  the  inability  to  collect 
any  tax  or  rate  bill,  there  shall  be  a  deficiency  in  the  amount  rais 
ed,  the  inhabitants  of  the  district  in  district  meeting  shall  direct 
the  raising  of  a  sufficient  sum  to  supply  such  deficiency  by  tax, 
or  the  same  shall  be  collected  by  rate-bill,  as  the  case  may  require. 

JVo.  106 — [§  6.]  Any  balance  required  to  be  raised  in  any 
school  district  for  the  payment  of  teachers'  wages,  beyond  the 
amount  apportioned  to  such  district  by  the  previous  provisions  of 
this  act,  and  other  public  moneys  belonging  to  the  district,  applica 
ble  to  the  payment  of  teachers'  wages,  shall  be  raised  by  rate-bill 
to  be  made  out  by  the  trustees,  against  those  sending  to  school,  in 
proportion  to  the  number  of  days  and  of  children  sent,  to  be  ascer 
tained  by  the  teachers'  list ;  and  in  making  out  such  rate-bill,  it 
shall  be  the  duty  of  the  trustees  to  exempt,  either  wholly  or  in  part, 
as  they  may  deem  expedient,  such  indigent  inhabitants  as  may,  in 

(1)  Laws  of  1849,  chap.  382,  §6,  as  amended  by  chap.  151  laws  of  1851,  §7. 

(2)  Lawa  of  1849,  chap.  382,  $9 


117 

their  judgment,  be  entitled  to  such  exemption,  and  the  amount  of 
such  exemption  shall  be  added  to  the  first  tax  list  thereafter  to  be 
made  out  by  the  trustees  for  district  purposes,  or  shall  be  separate 
ly  levied  by  them  as  they  shall  deem  most  expedient.  '  ,'' 
No.  107 — [§  7.]  The  same  property  which  is  exempt  by  sec 
tion  twenty-two,  of  article  two,  title  five,  chapter  six,  part  three,  of 
the  revised  statutes,  from  levy  and  sale  under  execution,  shall  be 
exempt  from  levy  and  sale  under  any  warrant  to  collect  any  rate- 
bill  lor  wages  of  teachers  of  common  schools.  2 

Of  the  Assessment  and  Collection  of  District  Taxes. 

No.  108 — [§  85.]  In  making  out  a  tax  list  the  trustees  of  school 
districts  shall  apportion  the  same  on  all  the  taxable  inhabitants  of 
the  district,  or  corporations  holding  property  therein,  according  to 
the  valuation  of  the  taxable  property  which  shall  be  owned  or  pos 
sessed  by  them,  at  the  time  of  making  out  such  list  within  such  dis 
trict,  or  partly  within  such  district  and  partly  in  an  adjoining  district, 
and  upon  all  real  estate  lying  within  the  boundaries  of  such  district, 
the  owners  of  which  shall  be  non-residents,  and  which  shall  be  lia 
ble  to  taxation  for  town  or  county  purposes,  and  shall  be  situated 
within  three  miles  of  the  site  of  the  school-house  in  such  district. 
But  when  it  shall  be  ascertained  that  the  proportion  of  any  tax 
upon  any  lot,  tract  or  parcel  not  occupied  by  any  inhabitant  would 
not  amount  to  fifty  cents,  the  trustees  in  their  discretion  may  omit 
such  lot,  tract  or  parcel  from  the  tax  list. 

No.  109 — [§  86.]  Any  person  working  land  under  a  contract  for 
a  share  of  the  produce  of  such  land,  shall  be  deemed  the  possessor, 
so  tar  as  to  render  him  liable  to  taxation  therefor,  in  the  district 
where  such  land  is  situate. 

No.  110 — [§87.]  Every  person  owning  or  holding  any  real 
property  within  any  school  district,  who  shall  improve  and  occupy 
the  same  by  his  agent  or  servant,  shall,  in  respect  to  the  liability 
of  such  property  to  taxation,  be  considered  a  taxable  inhabitant 
of  such  district,  in  the  same  manner  as  if  he  actually  resided 
therein. 

No.  Ill — [§88.]  Where  any  district  tax  for  the  purpose  of 
purchasing  a  site  for  a  school-house,  or  for  purchasing  or  building, 
keeping  in  repair,  or  furnishing  such  school-house  with  necessary 
fuel  and  appendages,  shall  be  lawfully  assessed  and  paid  by  any 
person,  on  account  of  any  real  property,  whereof  he  is  only  tenant 
at  will,  or  for  three  years,  or  for  a  less  period  of  time,  such  tenant 
may  charge  the  owner  of  such  real  estate  with  the  amount  of  the 
tax  so  paid  by  him,  unless  some  agreement  to  the  contrary  shall 
have  been  made  by  such  tenant. 

No.  112 — [§  89.]  When  any  real  estate  within  a  district,  so  lia 
ble  to  taxation,  shall  not  be  occupied  and  improved  by  the  owner, 
his  servant  or  agent,  and  shall  not  be  possessed  by  any  tenant,  the 
trustees  of  any  district,  at  the  time  of  making  out  any  tax  list  by 
which  any  tax  shall  be  imposed  thereon,  shall  make  and  insert  in 

(1)  Laws  of  1851,  chap.  161,  §6-7.        (2)  Laws  of  1751,  chap.  161,  §7. 


118 

such  tax  list,  a  statement  and  description  of  every  such  lot,  piece 
or  parcel  of  land  so  owned  by  non-residents  therein,  in  the  same 
manner  as  required  by  law  from  town  assessors  in  making  out  the 
assessment  roll  of  their  towns  ;  and  if  any  such  lot  is  known  to  be 
long  to  an  incorporated  company,  liable  to  taxation  in  such  district, 
the  name  of  such  company  shall  be  specified,  and  the  value  of  such 
lot  or  piece  of  land  shall  be  set  down  opposite  to  such  description, 
which  value  shall  be  the  same  that  was  affixed  to  such  lot  or  piece 
of  land  in  the  last  assessment  roll  of  the  town  ;  and  if  the  same  was 
not  separately  valued  in  such  roll,  then  it  shall  be  valued  in  propor 
tion  to  the  valuation  which  was  affixed  in  the  said  assessment  roll 
to  the  whole  tract,  of  which  such  lot  or  piece  shall  be  a  part. 

No.  113 — [£90.]  If  any  tax  on  the  real  estate  of  a  non-resident 
mentioned  in  the  tax  list  delivered  to  the  collector  shall  be  unpaid 
at  the  time  he  is  required  by  law  to  return  his  warrant,  he  shall 
deliver  to  the  trustees  of  such  district  an  account  of  the  taxes  so 
remaining  due,  containing  a  description  of  the  lots  and  pieces  of 
land  upon  which  any  taxes  were  imposed  as  the  same  were  stated 
in  his  tax  list  together  with  the  amount  of  the  tax  assessed  on 
each,  and  upon  making  oath  before  any  justice  of  the  peace  or  judge 
of  any  court  of  record  that  the  taxes  mentioned  in  such  account 
remain  unpaid,  and  that  after  diligent  efforts  lie  has  been  unable  to 
collect  the  same,  he  shall  be  credited  by  said  trustees  with  the 
amount  thereof. 

No.  114 — [  91.]  Whenever  the  trustees  of  any  school  district 
shall  receive  such  an  account  of  unpaid  taxes  from  any  collector, 
they  shall  compare  the  same  with  the  original  tax  list,  and  if  found 
to  be  a  true  transcript,  they  shall  add  to  such  account  a  certificate 
to  the  effect  that  they  have  compared  the  same  with  the  original 
tax  list  and  found  it  to  be  correct,  and  shall  immediately  transmit 
such  account,  with  the  affidavit  of  the  collector,  and  their  certificate 
to  the  treasurer  of  the  county. 

No.  115 — [§  92-3  Out  of  any  moneys  in  the  county  treasury, 
raised  for  contingent  expenses,  the  county  treasurer  shall  pay  to 
the  trustees  of  the  school  district  in  which  such  taxes  were  imposed, 
the  amount  thereof  so  returned  as  unpaid. 

No.  1 1 6 — [§  93  ]  Such  account,  affidavit  and  certificate  shall 
be  laid,  by  the  county  treasurer,  before  the  board  of  supervisors  of 
the  county,  who  shall  cause  the  amount  of  such  unpaid  taxes,  with 
seven  per  cent  of  the  amount  in  addition  thereto,  to  be  levied  upon 
the  lands  of  non-residents  on  which  the  same  were  imposed,  and  if 
imposed  upon  the  lands  of  any  incorporated  company,  then  upon 
iuch  company,  in  the  same  manner  that  the  contingent  charges  of 
the  county  are  directed  to  be  levied  and  collected,  and  when  col 
lected  the  same  shall  be  returned  to  the  county  treasury  to  reim 
burse  the  amount  so  advanced,  with  the  expense  of  collection. 

No.  117 — [§94.]  Any  person  whose  lands  are  included  in 
any  such  account  may  pay  the  tax  assessed  thereon  to  the  county 
treasurer,  at  any  time  before  the  board  of  supervisors  shall  have 
directed  the  same  to  be  levied. 


119 

No.  118 — [§95.]  The  same  proceedings  in  all  respects  shall 
b<  had  for  the  collection  of  the  amount  so  directed  to  be  raised  by 
t1  e  board  of  supervisors  as  are  provided  by  law  in  relation  to 
county  taxes  ;  and  upon  a  similar  account  as  in  the  case  of  countj 
taxes  of  the  arrears  thereof  uncollected,  being  transmitted  by  the 
county  treasurer  to  the  comptroller,  the  same  shall  be  paid  on  his 
warrant  to  the  treasurer  of  the  county  advancing  the  same  ;  and 
the  amount  so  assumed  by  the  state  shall  be  collected  for  its  benefit, 
in  the  manner  prescribed  by  law  in  respect  to  the  arrears  of  county 
taxes  upon  land  of  non-residents ;  or  if  any  part  of  the  amount 
so  assumed  consisted  of  a  tax  upon  any  incorporated  company  the 
same  proceedings  may  also  be  had  for  the  collection  thereof  as 
provided  by  law,  in  respect  to  the  county  taxes  assessed  upon 
such  company. 

No.  119 — [§  96.]  The  valuations  of  taxable  property  shall  be 
ascertained  so  far  as  possible,  from  the  last  assessment  roll  of  the 
town  ;  and  no  person  shall  be  entitled  to  any  reduction  in  the  valu 
ation  of  such  property,  as  so  ascertained  unless  he  shall  give  notice 
of  his  claim  to  such  reduction,  to  the  trustees  of  the  district,  before 
the  tax  list  shall  be  made  out. 

No.  120 — [§  97.]  In  every  case  where  such  reduction  shall 
be  duly  claimed,  and  in  every  case  where  the  valuation  of  taxable 
property  cannot  be  ascertained,  from  the  last  assessment  roll  of  the 
town,  the  trustees  shall  ascertain  the  true  value  of  the  property  to 
be  taxed,  from  the  best  evidence  in  their  power,  giving  notice  to 
the  persons  interested,  and  proceeding  in  the  same  manner  as  the 
town  assessors  are  required  by  law  to  proceed,  in  the  valuations  of 
taxable  property. 

No.  121 — [§  98.]  Every  taxable  inhabitant  of  a  district,  who 
shall  ha  e  been,  within  four  years,  set  off  from  any  otherdistrict 
without  his  consent,  and  shall,  within  that  period  have  actually  paid 
in  such  other  district,  under  a  lawful  assessment  therein,  a  district 
tax  for  building  a  school-house,  shall  be  exempted  by  the  trustees 
of  the  district  where  he  shall  reside,  from  the  payment  of  any  tax 
for  building  a  school  house  therein. 

No.  122— [g  99.]  Every  district  tax  shall  be  assessed,  and  the 
tax  list  therefor  be  made  out  by  the  trustees,  and  a  proper  warrant 
attached  thereto,  within  thirty  days  after  the  district  meeting  in 
which  the  tax  shall  have  been  voted. 

No.  123 — [§  100.]  It  shall  be  the  duty  of  the  said  trustees, 
after  the  expiration  of  the  said  thirty  days,  to  deliver  the  said  tax 
list  and  warrant  to  the  collector  of  the  district,  and  such  collector 
is  hereby  authorised  and  directed,  upon  receiving  his  warrant,  for 
two  successive  weeks,  to  receive  such  taxes  as  may  be  voluntarily 
paid  to  him  ;  and  in  case  the  whole  amount  shall  not  be  so  paid 
in,  the  collector  shall  proceed  forthwith  to  collect  the  same.  He 
shall  receive  for  his  services,  on  all  sums  paid  in  as  aforesaid,  one 
per  cent,  and  upon  all  sums  collected  by  him  after  the  expiration 
of  the  time  mentioned,  five  per  cent ;  and  in  case  a  levy  and  sale 


120 

shall  be  necessarily  made  by  such  collector,  he  shall  be  entitled  to 
travelling  fees  at  the  rate  of  six  cents  per  mile,  to  be  computed 
from  the  school  house  in  such  district. l 

No.  124 — [§  101.]  If  by  the  neglect  of  any  collector,  any 
school  moneys  shall  be  lost  to  any  school  district,  which  might  have 
been  collected  within  the  time  limited  in  the  warrant  delivered  to 
him  for  their  collection,  he  shall  forfeit  to  such  district  the  full 
amount  of  the  moneys  thus  lost,  and  shall  account  for  and  pay  over 
the  same  to  the  trustees  of  such  district,  in  the  same  manner  as  if 
they  had  been  collected. 

No.  125 — [§  102.]  For  the  recovery  of  all  forfeitures,  and  of 
balances  in  the  hands  of  a  collector  which  he  shall  have  neglected 
to  pay  over,  the  trustees  of  the  district  may  sue  in  their  name  of 
office,  and  shall  be  entitled  to  recover  the  same  with  interest  and 
costs  ;  and  the  moneys  recovered  shall  be  applied  by  them  in  the 
same  manner  as  if  paid  without  suit. 

No.  126 — [§  103.]  Any  collector  to  whom  any  such  tax  list 
and  warrant  may  be  delivered  for  collection,  may  execute  the  same 
in  any  other  district  or  town  in  the  same  county,  or  in  any  other 
county,  where  the  district  is  a  joint  district,  and  composed  of  terri 
tory  irom  adjoining  counties,  in  the  same  manner,  and  with  the 
like  authority  as  in  the  district  in  which  the  trustees  issuing  the 
said  warrant  may  reside  and  for  the  benefit  of  which  said  tax  is 
intended  to  be  collected,  and  the  bail  or  sureties  of  any  collector 
given  for  the  faithful  performance  of  his  official  duties,  are  hereby 
declared  and  made  liable  for  any  moneys  received  or  collected  on 
any  such  tax  list  and  warrant,  and  may  be  prosecuted  for  the  re 
covery  thereof. 

No.  127—  [§  104.]  It  shall  be  the  duty  of  the  trustees  of  school 
districts,  to  procure  tor  the  use  of  their  district,  two  bound  blank 
books  from  time  to  time,  as  shall  be  necessary,  in  one  of  which  the 
accounts  of  all  moneys  received  and  paid  by  the  trustees,  and  a 
statement  of  all  moveable  property  belonging  to  the  district,  shall 
be  entered  at  large,  and  signed  by  such  trustees,  at  or  before  each 
annual  meeting  in  such  district.  In  the  other  of  the  said  books, 
the  teachers  shall  enter  the  names  of  the  scholars  attending  school, 
and  the  number  of  days  they  shall  have  respectively  attended,  and 
also  the  days  on  which  such  school  shall  have  been  inspected  by 
the  town  superintendent ;  which  entries  shall  be  verified  by  the 
oath  or  affirmation  of  the  teachers.  The  said  books  shall  be  pre 
served  by  the  trustees  as  the  property  of  the  district,  and  shall  be 
delivered  to  their  successors. 

No.  128— [§  105.]  When  the  necessary  fuel  for  the  school  of 
any  district  shall  not  be  provided,  by  means  of  a  tax  on  the  inhab 
itants  of  the  district  or  otherwise,  it  shall  be  the  duty  ofthetrustees 
of  the  district  to  provide  the  necessary  fuel,  and  levy  a  tax  upon 
the  inhabitants  of  the  district  to  pay  for  the  same  2 

No.  129 — [§109]  When  the  trustees  of  any  school  district 
are  required  or  authorized  by  law,  or  by  vote  of  their  district,  to 

(1)  Laws  of  1849,  chap.  882,  §6. (2)  Laws  of  1849,  chap.  382,  §7. 


121 

incur  any  expense  for  such  district,  and  when  any  expenses  incur 
red  by  them  are  made  hy  express  provision  of  law  a  charge  upon 
such  district,  they  may  raise  the  amount  thereof  by  tax  in  the  same 
manner  as  if  the  definite  sum  to  be  raised  had  been  voted  by  a  dis 
trict  meeting,  and  the  same  shall  be  collected  and  paid  over  in  the 
same  manner. 

No.  130 — [§110.]  The  warrant  issued  and  annexed  to  any 
tax  list  or  rate  bill,  shall  be  under  the  hands  of  the  trustees  of  the 
district  or  a  majority  of  them,  and  it  shall  not  be  necessary  for  the 
said  trustees  to  affix  their  seals  to  any  such  warrant. 

No.  131 — [§  111.]  The  warrants  issued  by  the  trustees  of 
school  districts  for  the  collection  of  any  district  tax  authorized  to 
be  levied,  raised  and  collected  by  this  title,  or  for  the  collection  of 
any  rate  bill  shall  have  the  like  force  and  effect,  [except  as  herein 
before  provided  in  respect  to  rate  bills,]  as  warrants  issued  by 
boards  of  supervisors  of  counties  to  collectors  of  taxes  in  towns  ; 
and  the  collector  to  whom  any  such  warrant  may  be  delivered  for 
collection  is  hereby  authorized  and  required  to  collect  from  every 
person  in  such  tax  list  or  rate  bill  named,  the  sum  therein  set  op 
posite  to  his  name,  or  the  amount  due  from  any  person  or  persons 
specified  therein,  in  the  same  manner  that  collectors  are  authorized 
to  collect  town  and  county  charges,  [except  as  aforesaid.] 

No.  132 — [§112.]  If  the  sum  or  sums  of  money,  payable  by 
any  person  named  in  such  tax  list  or  rate  bill,  shall  not  be  paid 
by  him,  or  collected  by  such  warrant  within  the  time  therein  limit 
ed,  it  shall  and  may  be  lawful  for  ihe  trustees  to  renew  such  warrant 
in  respect  to  such  delinquent  person  ;  or  in  case  such  person  shall 
not  reside  within  their  district,  at  the  time  of  making  out  a  tax  list 
or  rate  bill,  or  shall  not  reside  therein  at  the  expiration  of  such 
warrant,  and  no  goods  or  chattels  can  be  found  therein  whereon  to 
levy  the  same ;  the  trustees  may  sue  for  and  recover  the  same,  in 
their  name  of  office. 

No.  133 — [§113.]  Whenever  the  trustees  of  any  school  dis 
trict  shall  discover  any  error  in  a  tax  list  or  rate  bill  made  out  by 
them,  they  may  with  the  approbation  and  consent  of  the  state  su 
perintendent,  after  refunding  any  amount  that  may  have  been  im 
properly  collected  on  such  tax  list  or  rate  bill,  if  the  same  shall  be 
required,  amend  and  correct  such  tax  list  or  rate  bill,  in  conformity 
to  law  ;  and  whenever  more  than  one  renewal  of  a  warrant  for  the 
collection  of  any  tax  list  or  rate  bill,  may  become  necessary  in  any 
district,  the  trustees  may  make  such  further  renewal,  with  the 
written  approbation  of  the  town  superintendent  of  the  town  in 
which  the  school  house  of  said  district  shall  be  located,  to  be  en 
dorsed  upon  such  warrant. 

No.  134 — [§  114.]  If  the  moneys  apportioned  to  a  district  by 
the  town  superintendent  shall  not  have  been  paid,  it  shall  be  the 
duty  of  the  trustees  thereof,  to  bring  a  suit  for  the  recovery  of  the 
same,  with  interest,  against  the  town  superintendent  in  whose 
hands  the  same  shall  be,  or  to  pursue  such  other  remedy  for  the 
ecovery  thereof,  as  is  or  shall  be  given  by  law. 


122 

Of  the  annual  report*  of  trustees,  their  duties  and  liabilities. 

JVo.  135 — [§  1 15.]  The  trustees  of  each  school  district  shall, 
between  the  first  and  fifteenth  clays  of  January,  in  every  year, 
make  and  transmit  a  report,  in  writing,  to  the  town  superintend 
ent  for  such  town,  dated  on  the  first  day  of  January,  in  the  year 
in  which  it  shall  be  transmitted. 

JSo.  136 — [$116.]  Every  such  report,  signed  and  certified 
by  a  majority  of  the  trustees  making  it,  shall  be  delivered  to  the 
town  superintendent,  and  shall  specify, 

1.  The  whole  time  any   school  has  been  kept  in  their  district 
during  the  year  ending  on  the  day   previous  to  the  date  of  such 
report,  and   distinguishing  what  portion  of  the  time  such  school 
has  been  kept  by  qualified  teachers : 

2.  The  amount  of  moneys  received  from  the  town  superintend 
ent  during  such  year,  and  the  manner  in  which  such  moneys  have 
been  expended : 

3.  The  number  of  children  taught  in  the  district  during  such 
year.1 

4.  The  number  of  children  residing  in  the   district  on  the  last 
day  of  December  previous  to  the  making  of  such  report,  over  the 
age  of  four  years,  and  under  twenty-one  years  of  age,  (except  In 
dian  children  otherwise  provided   for  by  law,)  and   the  names  of 
the  parents  or  other  persons  with  whom  such  children  shall    res 
pectively  reside,  and  the  number  of  children  residing  with  each  :l 

5.  The  amount  of  money  paid   for  teachers'  wages,  in  addition 
to  the  public  money  paid  therefor,  the  amount  of  taxes  levied  in 
said  district  for  purchasing  school- house  sites,  for  building,  hiring, 
purchasing,   repairing  and   insuring  school-houses,   for  fuel,   for 
supplying  deficiencies  in  rate  bills,  for  district  libraries,  or  for  any 
other  purpose  allowed  by  law,    and  such   other  information  in  re 
lation  to  the   schools  and  the  districts   as  the  superintendent  of 
common  schools  may  from  time  to  time  require. 

JVo.  137 — [g  1 17]  It  shall  not  be  lawful  for  the  trustees  of  any 
school  district  to  include  in  their  annual  returns  the  names  of  any 
children  who  are  supported  at  a  county  poor-house,  or  orphan 
asylum. 

No.  138 — [§  118.]  The  annual  reports  of  trustees  of  school 
districts,  of  children  residing  in  their  district,  shall  include  all 
over  four  and  under  twenty-one  years  of  age,  who  shall,  ?t  the 
date  of  such  report,  actually  be  in  the  district,  composing  a  part 
of  the  family  of  their  parents  or  guardians,  or  employers,  if  such 
parents,  guardians,  or  employers  reside  at  the  time  in  such  dis 
trict,  although  such  residence  be  temporary,  but  such  report  shall 
not  include  children  belonging  to  the  family  of  any  person  who 
shall  be  an  inhabitant  of  any  other  district  in  this  state,  in  which 
such  children  may  be  law  be  included  in  the  reports  of  its  trus 
tees. 

(1)  Laws  of  1849,  chap.  382,  §  8. 


123 

No.  139 — [§  119  ]  The  trustees  of  school  districts  shall  not 
enumerate  and  include  in  their  annual  reports  any  Indian  children 
residing  on  Indian  reservations  where  schools  are  taught. 

No.  140 — [§  120.]  All  children  included  in  the  reports  of  the 
trustees  of  any  school  district  shall  be  entitled  to  attend  the 
schools  of  such  district ;  and  whenever  it  shall  be  necessary  for 
the  accommodation  of  the  children  in  any  district,  the  trustees 
thereof  may  hire,  temporarily,  any  room  or  rooms  for  the  keeping 
of  schools  therein,  and  the  expense  thereof  shall  be  a  charge  up 
on  such  district. 

No.  141 — [§  121.]  Where  a  school  district  is  formed  out  of 
two  or  more  adjoining  towns,  it  shall  be  thti  duty  of  the  trustees 
of  such  district  to  make  and  transmit  a  report  to  the  town  super 
intendent  for  each  of  the  towns  out  of  which  such  district  shall  be 
formed,  within  the  same  time,  and  in  the  same  manner,  as  is  re 
quired  by  sections  one  hundred  and  fifteen,  and  one  hundred  and 
sixteen  of  this  act ;  distinguishing  the  number  of  children  over 
the  age  of  four  and  under  twenty-one  years,  residing  in  each  part 
of  a  district  which  shall  be  in  a  different  town  from  the  other 
parts,  arid  the  number  of  children  taught,  and  the  amount  of 
school  moneys  received  from  each  part  of  the  district. 

No.  142— [§  122.]  Where  any  neighborhood  shall  be  set  off 
by  itself,  the  inhabitants  of  such  separate  neighborhood  shall  an 
nually  meet  together  and  chose  one  trustee  ;  whose  duty  it  shall 
be  every  year,  within  the  time  limited  for  making  district  re 
ports,  to  make  and  transmit  a  report  in  writing,  bearing  date  on 
the  first  day  of  January,  in  the  year  in  which  it  shall  be  transmit 
ted,  to  the  town  superintendent  of  the  town  from  which  such 
neighborhood  shall  be  set  off,  specifying  the  number  of  children 
over  the  age  of  four  and  under  twenty-one  years,  residing  in  such 
neighborhood,  the  amount  of  moneys  received  from  the  town  su 
perintendent  since  the  date  of  last  report,  and  the  manner  in  which 
the  same  has  been  expended. 

No.  143— [§  123.]  Every  trustee  of  a  school  district,  or  sepa 
rate  neighborhood,  who  shall  wilfully  sign  a  false  report  to  the 
town  superintendent  of  his  town,  with  the  intent  of  causing  such 
town  superintendent  to  apportion  and  pay  to  his  district  or  neigh 
borhood,  a  larger  sum  than  its  just  proportion  of  the  school  moneys 
of  the  town,  shall  for  each  offence,  forfeit  the  sum  of  twenty-five 
dollars,  and  shall  also  be  deemed  guilty  of  a  misdemeanor. 

No.  144 — [§  124.]  All  property  now  vested  in  the  trustees 
of  any  school  district,  for  the  use  of  schools  in  the  district,  or 
which  may  be  hereafter  transferred  to  such  trustees  for  that  pur 
pose,  shall  be  held  by  them  as  a  corporation. 

No.  145— [§  125.]  The  trustees  of  each  school  district  shall, 
once  in  each  year  render  to  the  district,  at  its  annual  district 
meeting,  a  just  and  true  account  in  writing,  of  all  moneys  re 
ceived  by  them  respectively  for  the  use  of  their  district ;  and  of 


124 

the  manner  in  which  the  same  shall  have  been  expended,  which 
account  shall  be  delivered  to  the  district  clerk,  and  be  filed  and 
recorded  by  him. 

No.  J46 — [§  126.]  Any  balance  of  such  moneys,  which  shall 
appear  from  such  account  to  remain  in  the  hands  of  the  trustees, 
or  either  of  them,  at  the  time  of  rendering  the  account,  shall  im 
mediately  be  paid  to  some  one  or  more  of  their  successors  in 
office. 

No.  147 — [§  127.]  Every  trustee  who  shall  refuse  or  neglect 
to  render  such  account,  or  to  pay  over  any  balance  so  found  in  his 
hands,  shall  for  each  offence  forfeit  the  sum  of  twenty-five  dollars. 

No.  148 — [§  128.]  It  shall  be  the  duty  of  his  successors  in 
office  to  prosecute,  without  delay,  in  their  name  of  office,  for  the 
recovery  of  such  forfeiture ;  arid  the  moneys  recovered  shall  be 
applied  by  them  to  the  use  and  benefit  of  their  district  schools. 

No.  149 — [§  129.]  Such  successors  shall  also  have  the  same 
remedies  for  the  recovery  of  any  unpaid  balance  in  the  hands  of 
a  former  trustee,  or  his  representatives,  as  are  given  to  the  town 
superintendent  againt  a  former  town  superintendent  and  his  re 
presentatives;  and  the  moneys  recovered  shall  be  applied  by  them 
to  the  use  of  their  district,  in  the  same  manner  as  if  they  had  been 
paid  without  suit. 

No.  150 — [§  130.]  Every  trustee  of  a  school  district  who 
shall,  while  in  office,  neglect  or  refuse  annually  to  render  an  ac 
count  of  the  moneys  received  by  him  as  such  trustee,  shall  for 
each  offence  forfeit  the  sum  of  twenty-five  dollars;  and  it  shall  be 
the  duty  of  the  town  superintendent  of  the  town  in  which  such 
trustee  may  reside,  to  prosecute,  without  delay,  in  his  name  of 
office,  for  the  recovery  of  such  forfeiture;  and  the  moneys  recov 
ered  shall  be  applied  by  such  superintendent  to  the  use  and  bene 
fit  of  the  district  school  of  the  district  to  which  such  defaulting 
trustee  shall  belong. 

No.  151 — [§  J3L]  Such  town  superintendent  shall  also  have 
the  same  remedies  for  the  recovery  of  any  unpaid  balance  of 
moneys,  in  the  hands  of  such  delinquent  trustee,  in  office,  as  are 
given  to  the  town  superintendents  in  office,  against  a  former  town 
superintendent;  and  the  moneys  recovered  shall  be  applied  by 
such  town  superintendent  to  the  use  of  the  district  to  which  the 
same  may  belong,  and  be  paid  over  to  the  trustee  or  trustees  of 
such  district,  who  are  not  in  default. 

No.  152 — [§  132.]  Any  person  conceiving  himself  aggrieved 
in  consequence  of  any  decision  made, 

1.  By  any  school  district  meeting. 

2.  By  the  town  superintendent  in  the  forming  or  altering,  or  m 
refusing  to  form  or  alter  any   school  district,  or  in  refusing  to  pay 
any  school  moneys  to  any  such  district : 

3.  By  the  trustees  of  any  district,  in  paying  any   teacher,  or 
refusing  to  pay  him,  or  in  refusing  to  admit  any  scholar  gratuitously 
into  any  school : 


125 

• 

4.  Or  concerning  any  other  matter  under  the  present  title  may 
appeal  to  the  superintendent,  who  is  hereby  authorized  and 
required  to  examine  and  decide  the  same,  and  the  decision  of  the 
state  superintendent  shall  be  final  and  conclusive. 

Of  school  district  libraries* 

No.  153— [§  133.]  The  taxable  inhabitants  of  each  school 
district  in  the  state,  shall  have  power  when  lawfully  assembled  at 
any  district  meeting,  to  lay  a  tax  on  the  district  not  exceeding  ten 
dollars  in  any  one  year,  for  the  purchase  of  a  district  library,  - 
consisting  of  such  books  as  they  shall  in  their  district  meeting 
direct,  and  such  further  sum  as  they  may  deem  necessary  for 
the  purchase  of  a  book  case :  The  intention  to  propose  such 
tax,  shall  be  stated  in  the  notice  required  to  be  given  of  such 
meeting. 

No.  154 — [§  135.  The  taxes  authorized  by  the  foregoing  sec 
tion  to  be  raised,  shall  be  assessed  and  collected  in  the  same  man 
ner  as  a  tax  for  building  a  school  house. 

No.  155— [§  136.]  The  sum  of  fifty-five  thousand  dollars,  di 
rected  to  be  distributed  to  the  several  school  districts  of  this  state, 
by  the  fourth  section  of  chapter  two  hundred  and  thirty-seven  of 
the  laws  of  eighteen  hundred  and  thirty-eight  shall  continue  to  be 
applied  to  the  purchase  of  books  for  a  district  library,  until  other 
wise  directed  ;  but  whenever  the  number  of  volumes  in  the  district 
library  of  any  district,  numbering  over  fifty  children  between  the 
ages  of  five  and  sixteen  years,  shall  exceed  one  hundred  and  twen 
ty-five  ;  or  of  any  district  numbering  fifty  children  or  less,  between 
the  said  ages,  shall  exceed  on  hundred  volumes,  the  inhabitants  of 
the  district  qualified  to  vote  therein,  may,  at  a  special  or  annual 
meeting  duly  notified  for  that  purpose,  by  a  majority  of  votes,  ap 
propriate  the  whole,  or  any  part  of  the  library  money  belonging  to 
the  district  for  the  current  year,  to  the  purchase  of  maps,  globes, 
black  boards, or  other  scientific  apparatus,  for  the  use  of  the  school : 
And  in  every  district  having  the  required  number  of  volumes  in 
the  district  library,  and  the  maps,  globes,  black-boards,  and  other 
apparatus  aforesaid,  the  said  moneys,  with  the  approbation  of  the 
state  superintendent,  may  be  applied  to  the  payment  of  teach 
ers'  wages. 

No.  156 — [§  137.]  The  trustees  of  every  school  district  shall 
be  trustees  of  the  library  of  such  district ;  and  the  property  of 
all  books  therein,  and  of  the  case  and  other  appurtenances  thereof, 
shall  be  deemed  to  be  vested  in  such  trustees,  so  as  to  enable 
them  to  maintain  any  action  in  relation  to  the  same :  It  shall  be 
their  duty  to  preserve  such  books  and  keep  them  in  repair;  and 
the  expenses  incurred  for  that  purpose,  may  be  included  in  any 
tax  list  to  be  made  out  by  them  as  trustees  of  a  district,  and  ad 
ded  to  any  tax  voted  by  a  district  meeting,  and  shall  be  collected 
and  paid  over  in  the  same  manner  :  The  librarian  of  any  district 


126  » 

library  shall  be  subject  to  the  directions  of  the  trustees  thereof, 
in  all  matters  relating  to  the  preservation  of  the  books  and  appur 
tenances  of  the  library,  and  may  be  removed  from  office  by  them 
for  wilful  disobedience  of  such  directions,  or  for  any  wilful 
neglect  of  duty. 

l\ro.  157— [§  138.]  Trustees  of  school  districts  shall  be  liable 
to  their  successors  for  any  neglect  or  omission,  in  relation  to  the 
care  and  superintendence  of  district  libraries,  by  which  any  books 
therein  are  lost  or  injured,  to  the  full  amount  of  such  loss  or 
injury  in  an  action  on  the  case,  to  be  brought  by  such  success 
ors  in  their  name  of  office. 

JVo.  158 — [§  139.]  A  set  of  general  regulations  respecting 
the  preservation  of  school  district  libraries,  the  delivery  of  them 
by  librarians  and  trustees  to  their  successors  in  office,  the  use  of 
them  by  the  inhabitants  of  the  district,  the  number  of  volumes  to 
be  taken  by  any  one  person  at  any  one  time  or  during  any  term, 
the  periods  of  their  return,  the  fines  and  penalties  that  may  be 
imposed  by  the  trustees  of  such  libraries  for  not  returning,  for 
losing  or  destroying  any  of  the  books  therein,  or  for  soiling  de 
facing,  or  injuring  them,  and  the  conditions  upon  which  any 
school  district  may  apply  the  library  money  to  the  payment  of 
teachers'  wages,  may  be  framed  by  the  state  superintendent,  and 
printed  copies  thereof  shall  be  furnished  to  each  school  district 
of  the  state;  which  regulations  shall  be  obligatory  upon  all  per 
sons  and  officers  having  charge  of  such  libraries,  or  using  or  pos 
sessing  any  of  the  books  thereof.  Such  fines  may  be  recovered 
in  an  action  of  debt,  in  the  name  of  the  trustees  of  any  such  libra 
ry,  of  the  person  on  whom  they  are  imposed,  except  such  person 
be  a  minor ;  in  which  case  they  may  be  recovered  of  the  parent 
or  guardian  of  such  minor,  unless  notice  in  writing  shall  have  been 
given  by  such  parent  or  guardian  to  the  trustees  of  such  library, 
that  they  will  not  be  responsible  for  any  books  delivered  such  mi 
nor  :  And  persons  with  whom  such  minors  reside  shall  be  liable 
in  the  same  manner  and  to  the  same  extent,  in  cases  where  the  pa 
rent  of  such  minor  does  not  re.-ide  in  the  district. 

No.  159 — [§  140.]  Any  person  conceiving  himself  aggrieved 
by  any  act  or  decision  of  any  trustees  of  school  districts,  concern 
ing  district  libraries,  or  the  books  therein,  or  the  use  of  such 
books,  or  of  any  librarian,  or  of  any  district  meeting  in  relation 
to  their  school  library,  may  appeal  to  the  state  superintendent  in 
the  same  manner  as  provided  by  law. 

Ao.  169 — [§  141.]  The  legal  voters  in  any  two  or  more  ad 
joining  districts  may,  in  such  cases  as  may  be  approved  by  the 
town  superintendent,  unite  their  library  moneys  and  funds  as  thej 
shall  be  received  or  collected,  and  purchase  a  joint  library  for  the 
use  of  the  inhabitants  of  such  districts,  which  shall  be  selected  by 
the  trustees  thereof,  or  by  such  persons  as  they  shall  designate, 
and  shall  be  under  the  charge  of  a  librarian  to  be  appointed  by 


127 

them  ;  and  the  foregoing  provisions  of  this  act  shall  be  applicable 
to  the  said  joint  libraries,  except  that  the  property  in  them  shall 
be  deemed  to  be  vested  in  all  the  trustees,  for  the  time  being,  of 
the  districts  so  united.  And  in  case  any  such  district  thall  de 
sire  to  divide  such  library,  such  division  shall  be  made  by  the 
trustees  of  the  two  districts  whose  libraries  are  so  united,  and  in 
case  they  cannot  agree,  then  such  division  shall  be  made  by  the 
town  superintendent. 

iVo.  101 — [§  142.]  Where,  by  reason  of  the  non-compliance 
with  the  conditions  prescribed  by  law,  the  library  money  shull  be 
withheld  from  any  school  district,  the  same  may  be  distributed 
among  other  districts  complying  with  such  conditions,  or  may  be 
retained  and  paid  subsequently  to  the  district  from  which  the 
same  was  withheld,  as  shall  be  directed  by  the  state  superintend 
ent  according  to  the  circumstances  of  the  case. 

No.  162 — [§  143.]  The  state  superintendent  whenever  re 
quested  by  the  trustees  of  a  school  district,  under  the  directions 
of  the  legal  voters  of  such  district,  may  select  a  library  for  their 
use,  and  cause  the  same  to  be  delivered  to  the  clerk  of  the  county 
in  which  such  district  is  situated,  at  its  expense. 

ARTICLE  SIXTH. 

Of  certain  duties  of  the  county  clerics. 

SEC.  172. — County  clerk  to  report  to  the  superintendent  of  com 
mon  schools  ;  what,  and  when. 

SEC.   173. — Forfeiture  for  neglecting  it. 

SEC.  174. — Who  to  prosecute  for  it,  and  where  paid  when  recov 
ered. 

SEC.  175. — Duty  of  county  clerk  when  commissioners  [town  su 
perintendents]  do  not  report. 

No.  163 — §  172.  [§  112.]  It  shall  be  the  duty  of  each  county 
clerk,  between  the  first  day  of  August  and  the  first  day  of  October, 
in  every  year,  to  make  and  transmit  to  the  superintendent  of  com 
mon  schools,  a  report  in  writing,  containing  the  whole  number  of 
towns  in  his  county,  distinguishing  the  towns  from  which  the  ne 
cessary  reports  hfive  been  made  to  him  by  the  town  superintend 
ent  of  common  schools,  and  containing  abstracts  of  all  such  re 
ports  in  such  form  as  the  state  superintendent  shall  direct. 

Ac.  164— §  173.  [§  113.]  Kvery  clerk  who  shall  refuse  or 
neglect  to  make  such  report,  within  the  period  so  limited,  shall, 
for  each  offence,  forfeit  the  sum  of  one  hundred  dollars  to  the  use 
of  the  school  fund  of  the  state. 

No.  165 — §  174.  [§  114.]  It  shall  be  the  duty  of  the  superin 
tendent  of  common  schools  to  prosecute  without  delay,  in  his 
name  of  office,  for  such  forfeiture,  and  to  pay  the  moneys  recov 
ered,  into  the  treasury  of  the  state,  to  the  credit  of  the  school  fund, 


128 

No.  166— [§  144.]  It  shrill  be  the  duty  of  each  county  clerk, 
immediately  after  the  first  day  of  August  in  every  year,  in  c;ise  the 
town  superintendent  of  any  town  in  his  county  shall  have  neglect 
ed  to  make  to  him  his  annual  report,  to  give  notice  of  such  neglect 
to  the  clerk  of  the  town,  who  shall  immediately  notify  such  town 
superintendent  for  the  purpose  of  making  his  report.1 

Miscellaneous  provisions  connected  with  the  foregoing  articles. 

No.  167 — [§  1.]  Common  schools  in  the  several  school  dis 
tricts  in  this  state  shall  be  free  to  all  persons  residing  in  the  dis 
trict  over  five  and  under  twenty-one  years  of  age,  as  herein  [before] 
provided.  Persons  not  resident  of  a  district  may  be  admitted  in 
to  the  schools  kept  therein,  with  the  approbation  in  writing  of  the 
trustees  thereof,  or  a  majority  of  them.2 

No.  168 — [§145.]  Town  superintendents,  trustees,  collectors 
and  clerks  of  school  districts,  refusing  or  wilfully  neglecting  to 
make  any  report,  or  to  perform  any  other  duty  required  by  law, 
or  by  regulations  or  decisions  made  under  the  authority  of  any 
statute,  shall  severally  forfeit  to  their  town,  or  to  their  district  as 
the  case  may  be,  for  the  use  of  the  common  schools  therein,  the 
sum  often  dollars  for  each  such  neglect  or  refusal,  which  penalty 
shall  be  sued  for  and  collected  by  the  supervisor  of  the  town,  and 
paid  over  to  the  proper  officers  to  be  distributed  for  the  benefit  of 
the  common  schools  in  the  town  or  district  to  which  such  penalty 
belongs;  and  when  the  share  of  school  or  library  money  appor 
tioned  to  any  town  or  district,  or  school,  or  any  portions  thereof, 
or  any  money  to  which  a  town  or  district  would  have  been  entitled, 
shall  be  lost  in  consequence  of  any  wilful  neglect  of  official  duty 
by  any  town  superintendent  or  trustees  or  clerks  of  school  dis 
tricts,  the  officers  guilty  of  such  neglect  shall  forfeit  to  the  town 
or  district  the  full  amount,  with  interest,  of  the  moneys  so  lost  ; 
and  they  shall  be  jointly  and  severally  liable  for  the  payment  of 
such  forfeiture. 

No.  169 — [§  146.]  In  any  suit  which  shall  hereafter  be  com 
menced  against  town  superintendents  or  officers  of  school  districts , 
for  any  act  performed  by  virtue  of,  or  under  color  of  their  offices, 
or  for  any  refusal  or  omission  to  perform  any  duty  enjoined  by  law, 
and  which  might  have  been  the  subject  of  an  appeal  to  the  super 
intendent,  no  costs  shall  be  allowed  to  the  plaintiff  in  cases  where 
the  court  shall  certify  that  it  appeared  on  the  trial  of  the  cause 
that  the  defendants  acted  in  good  faith.  But  this  provision  shall 
not  extend  to  suits  for  penalties,  nor  to  suits  or  proceedings  to  en 
force  the  decisions  of  the  superintendent. 

No.  170 — [§  l.]o  Whenever  a  suit  shall  have  been  commen 
ced  or  shall  hereafter  be  commenced  against  the  trustees  of  a 

(1)  Laws  of  1847,  chap.  480,  §  144.       (2)  Laws  of  1851,  chap.  151,  §  1. 
(a)  Laws  of  J847,  chap.  172,  §  1,  2,  8,  4.     Laws'  of  1849,  chap.  388. 


129 

school  district  in  consequence  of  acts  by  them  performed  in  pur 
suance  of  and  by  the  direction  of  such  district,  for  any  act  per 
formed  by  virtue  of,  or  under  color  of  their  office,  and  such  suit 
shall  have  been  finally  determined,  or  whenever,  after  the  final 
determination  of  any  suit  commenced  by  or  against  any  trustees  or 
other  officers  of  a  school  district,  a  majority  of  the  taxable  inhab 
itants  of  any  school  district  shall  so  determine,  it  shall  be  the  duty 
of  the  trustees  to  ascertain  in  the  manner  hereinafter  described, 
the  actual  amount  of  all  the  costs,  charges  and  expenses  paid  by 
such  officer,  and  to  cause  the  same  to  be  assessed  upon  and  col 
lected  of  the  taxable  inhabitants  of  said  district  in  the  same  man 
ner  as  other  taxes  of  said  district  are  by  law  assessed  and  collected, 
and  when  so  collected,  to  pay  the  same  over  to  the  officer  by 
virtue  of  this  act  entitled  to  receive  the  same  ;  but  this  provision 
shall  not  extend  to  suits  for  penalties,  nor  suits  or  proceedings  to 
enforce  the  decisions  of  the  superintendent. 

No.  171 — [§  2.]  Whenever  any  person  mentioned  in  the  first 
section  of  this  act  shall  have  paid  any  costs,  charges  or  expenses 
as  mentioned  in  said  first  section,  he  shall  make  out  an  account 
of  such  charges,  costs  and  expenses  so  paid  by  him,  giving  the 
items  thereof,  and  verify  the  same  by  his  oath  or  affirmation  ;  he 
shall  serve  a  copy  of  said  account  so  sworn  to,  upon  the  trustees 
of  the  district  against  which  such  claim  shall  be  made,  together 
with  a  notice  in  writing  that  on  a  certain  day  therein  specified,  he 
will  present  such  account  to  the  board  of  supervisors  of  the  county 
in  which  such  school  district  shall  be  situated,  for  settlement  at 
some  legal  meeting  of  such  board ;  and  it  shall  be  the  duty  of  the 
officer  upon  whom  such  copy,  account  and  notice  shall  be  served, 
to  attend  at  the  time  and  place  in  such  notice  specified,  to  pro 
tect  the  rights  and  interests  of  such  district  upon  such  settle 
ment. 

No.  172 — [§  3.]  Upon  the  appearance  of  the  parties,  or  upon 
due  proof  of  service  of  the  notice  and  copy  of  account  mentioned 
in  the  second  section  of  this  act,  if  the  said  board  shall  be  of  opinion 
that  such  account  or  any  portion  thereof  ought  justly  to  bepaid.to 
the  claimant,  such  board  may  by  an  order  to  be  made  by  a  majority 
of  all  the  members  elected  to  the  same,  and  to  be  entered  in  its 
minutes,  require  such  account  or  such  part  thereof  as  such  board 
shall  be  of  opinion  ought  justly  to  be  paid  to  the  claimant,  by 
such  district  to  be  so  paid;  but  no  portion  of  such  account  shall 
be  so  ordered  to  be  paid  which  shall  appear  to  the  said  board  to 
have  arisen  from  the  wilful  neglect  or  misconduct  of  the  claimant. 
The  account,  with  the  oath  of  the  party  claiming  the  same,  shall 
be  prima  facie  evidence  of  the  correctness  thereof.  The  board 
may  adjourn  the  hearing  from  time  to  time  as  justice  shall  seem 
to  require. 

No.  173— [§  4.]     It  shall  be  the  duty  of  the  trustees  of  any 
school  district,   within  thirty   days  after  service  of  a  copy  of  such 
9 


130 

order  upon  them  to  cause  the  same  to  be  entered  at  length  in  the 
book  of  records  of  said  district,  and  to  issue  to  the  collector  of 
said  district  a  warrant  for  the  collection  of  the  amount  so  directed 
to  be  paid,  in  the  same  manner  and  with  the  like  force  and  effect 
as  upon  a  tax  voted  by  said  district. 

No.  174 — [§  l.]b  No  person  shall  wilfully  disturb,  interrupt 
or  disquiet  any  assemblage  of  persons  met  at  any  school  district, 
with  the  assent  of  the  trustees  of  the  school  district,  for  the  pur 
pose  of  receiving  instruction  in  any  of  the  branches  of  education 
usually  taught  in  the  common  schools  of  this  state,  or  in  the 
science  of  music. 

No.  175 — [§  2.]  Whoever  shall  violate  the  provisions  of  the 
foregoing  section,  may  be  tried  before  any  justice  of  the  peace  of 
the  county,  or  any  mayor,  alderman,  recorder,  or  other  magistrate 
of  any  city  where  the  offence  shall  be  committed  ;  and  upon  con 
viction,  shall  forfeit  a  sum  not  exceeding  twenty-five  dollars,  for 
the  use  and  benefit  of  the  school  district  in  which  such  offence 
shall  be  committed. 

No.  176 — [§  3.]  It  shall  be  the  duty  of  the  trustees  of  any 
school  district  in  which  any  such  offence  shall  be  committed,  to 
prosecute  such  offender  before  any  officer  having  cognizance  of 
such  offence. 

No.  177 — [§  4.]  If  any  person  convicted  of  the  offence  here 
in  prohibited,  shall  not  immediately  pay  the  penalty  incurred, 
with  the  costs  of  conviction,  or  give  security,  to  the  satisfaction  of 
the  officer  before  whom  such  conviction  shall  be  had,  for  the  pay 
ment  of  the  said  penalty  and  costs  within  twenty  days  thereafter, 
he  shall  be  committed  by  warrant  to  the  common  jail  of  the  county, 
until  the  same  be  paid,  or  for  such  term,  not  exceeding  thirty 
days,  as  shall  be  specified  in  such  warrant. 

No.  178 — [§  5.]  It  shall  and  may  be  lawful  for  any  person 
who  may  be  complained  of  for  a  violation  of  the  provisions  of  this 
act,  to  demand  of  such  magistrate  that  he  may  be  tried  by  a  jury. 
Upon  such  demand,  it  shall  be  the  duty  of  such  officer  to  issue  a 
venire  to  the  proper  officer, commanding  him  to  summon  the  same 
number  of  jurors,  and  in  the  same  manner,  and  the  said  court 
shall  proceed  to  empannel  a  jury  for  the  trial  of  said  cause,  in  the 
same  manner  and  subject  to  all  the  rules  and  regulations  prescrib 
ed  in  the  act  providing  for  the  trials  by  jury  in  courts  of  special 
sessions. 

No.  179 — [§  147.]  A  school  for  colored  children  may  be  es 
tablished  in  any  city  or  town  of  this  state,  with  the  approbation  of  the 
commissioners  or  town  superintendent  of  such  city  or  town,  which 
shall  be  under  the  charge  of  the  trustees  of  the  district  in  which 
such  school  shall  be  kept ;  and  in  places  where  no  school  dis 
tricts  exist,  or  where  from  any  cause  it  may  be  expedient,  such 

(6)  Laws  of  1846,  chap.  228,  §  1, 2,  3,  4,  5. 


131 

school  may  be  placed  in  charge  of  trustees  to  be  appointed  by  the 
commissioners  or  town  superintendent  of  common  schools  of  the 
town  or  city,  and  if  there  be  none,  to  be  appointed  by  the  state  su 
perintendent.  Returns  shall  be  made  by  the  trustees  of  such 
school  to  the  town  superintendent  at  the  same  time  and  in  the  same 
manner  as  now  provided  by  law  in  relation  to  districts  ;  and  they 
shall  particularly  specify  the  number  of  colored  children  over  four 
and  under  twenty-one  years  of  age,  attending  such  school  from  dif 
ferent  districts,  naming  such  districts  respectively,  and  the  number 
from  each.  The  town  superintendent  shall  apportion  and  pay  over  to 
the  trustees  of  such  schools,  a  portion  of  the  money  received  by  them 
annually,  in  the  same  manner  as  now  provided  by  law  in  respect 
to  school  districts,  allowing  to  such  schools  the  proper  proportion 
for  each  child  over  four  and  under  twenty-one  years,  who  shall 
have  been  instructed  in  such  school  at  least  four  months  by  a 
teacher  duly  licensed,  and  shall  deduct  such  proportion  from  the 
amount  that  would  have  been  apportioned  to  the  district  to  which 
such  children  belong ;  and  in  his  report  to  the  state  superintend 
ent,  the  town  superintendent  shall  specially  designate  the  schools 
for  colored  children  in  his  town  or  city. 

No.  180 — [§  15.]  Whenever  it  shall  be  satisfactorily  proven 
to  the  state  superintendent  that  any  county  or  town  superintendent 
or  other  school  officer,  has  embezzled  the  public  money,  or  any 
money  coming  into  his  hands  for  school  purposes,  or  has  been 
guilty  of  the  wilful  violation  of  any  law,  or  neglect  of  any  duty,  or 
of  disobeying  any  decision,  order  or  regulation  of  the  department 
of  common  schools,  the  state  superintendent  is  hereby  anthorized  to 
remove  such  officer  from  such  office,  by  an  order  under  the  seal  of 
office  of  the  secretary  of  state. l 

No.  181. — [§148.]  The  state  superintendent  may  cause  to  be 
printed  a  sufficient  number  of  forms  of  reports  by  trustees  of  school 
districts  and  town  superintendents  and  of  lists  of  pupils  attending 
schools,  and  cause  them  to  be  transmitted  to  the  several  county 
clerks,  for  the  use  of  those  officers  and  of  teachers  of  schools ;  and 
he  shall  cause  title  second  of  chapter  fifteen  and  part  first  of  the 
Revised  Statutes  to  be  printed,  and  shall  insert  therein  all  acts  and 
pares  of  acts  which  have  been  passed  by  the  legislature,  connected 
with  the  subjects  of  the  said  title,  which  are  now  in  force;  and 
where  any  provisions  of  the  said  title  have  been  altered  by  the 
subsequent  acts,  such  provisions  shall  be  varied  so  as  to  make 
them  conformable  to  such  alterations  ;  but  the  original  numbers  of 
the  sections  shall  be  indicated  in  such  mode  as  he  shall  judge  pro 
per,  except  as  herein  amended  or  altered.  Copies  of  the  said  title 
so  amended  shall  be  transmitted  to  the  town  superintendent,  and 
all  other  officers  charged  with  the  performance  of  any  duty  under 
its  provisions,  with  such  explanations  and  instructions  as  may  be 
deemed  expedient. 

(1)  Chap.  382,  Laws  of  1849,  §15. 


132 

No.  182 — [§150.]  All  such  provisions  of  law  as  are  repugnant 
to  or  inconsistent  with  the  provisions  of  this  title,  are  hereby  repeal 
ed;  but  nothing  herein  contained  shall  be  so  construed  as  to 
impair  or  affect  any  of  the  local  provisions  respecting  the  organ 
ization  and  management  of  schools  in  any  of  the  incorporated 
cities  or  villages  or  towns  of  this  state,  except  as  the  same  are 
affected  by  the  preceding  sections  of  this  act. 

Town  School  Funds. 

The  acts  passed  in  1789  for  the  sale  of  lands  belonging  to  the 
people  of  this  State,  required  the  Surveyor  General  to  reserve  in 
each  township,  one  lot  for  the  support  of  the  gospel,  and  one  lot 
for  the  use  of  schools  in  such  township. 

The  following  is  a  list  of  the  principal  reservations  of  this  nature, 
viz : 

One  lot  of  550  acres,  in  each  of  the  twenty-eight  townships  in 
the  Military  tract. 

Forty  lots  of  250  acres  each,  in  each  of  the  twenty  townships 
west  of  the  Unadilla  river,  being  ten  thousand  acres. 

One  lot  of  640  acres  each,  in  each  of  the  townships  of  Fayette, 
Clinton,  Greene,  Warren,  Chenango,  Sidney  and  Hampden,  then 
in  the  counties  of  Broome  and  Chenango. 

Ten  lots  of  640  acres  each,  in  the  townships  along  the  St. 
Lawrence. 

Sixteen  lots  of  640  acres  each  in  Totten  and  Crossfield's  pur 
chase. 

In  the  township  of  Plattsburgh  400  acres  were  reserved  for  the 
use  of  a  minister  of  the  gospel,  and  460  acres  for  the  use  of  a  pub 
lic  school  or  schools  in  the  said  township. 

In  the  township  of  Benson  640  acres  were  reserved  for  gospel 
and  schools. 

By  an  act  passed  in  1798,  in  relation  to  gospel  and  school  lots, 
it  is  provided  "  that  the  moneys  arising  from  the  leasing  of  the 
said  lots  of  land  as  aforesaid,  and  from  the  trespasses  aforesaid, 
shall  be  applied  to  the  use  of  schools  or  support  of  the  gospel,  in 
the  original  townships,  as  surveyed,  in  which  such  lots  shall  be 
respectively  situated,  and  for  no  other  purpose ;  which  said  ap 
plication  shall  be  made,  either  for  schools  or  gospel  or  both,  and 
in  such  way  and  manner  as  the  freeholders  and  inhabitants  of  the 
towns  in  which  the  same  lands  shall  lie,  shall  in  legal  town  meet 
ing,  from  time  to  time  direct,  order  and  appoint." 

By  an  act  passed  in  1808,  the  act  of  1798  was  extended  to  all 
the  townships  where  lots  of  land  are  reserved  for  the  support  of  gos 
pel  and  schools,  and  the  following  provision  was  added  : 

"  §  1 .  Be  it  enacted,  fyc.,  That  the  moneys  arising  from  the  an 
nual  rents  and  profits  of  the  gospel  lots  in  each  township,  shall  be 
equally  divided  by  the  supervisor  and  commissioners  appointed  in 
each  township,  between  the  several  religious  societies  legally  or 
ganized  in  such  township,  and  that  the  money  arising  from  the 


133 

annual  rents  and  profits  of  the  several  school  lots  shall  be  distri 
buted  among  the  schools  kept  in  each  respective  township,  by 
teachers  to  be  approved  of  by  the  supervisor  and  commissioners 
constituted  by  the  act  to  which  this  is  an  amendment,  or  a  majority 
of  them  in  said  township,  in  proportion  to  the  aggregate  number  of 
days  which  the  scholars  in  each  respective  school  shall  have  res 
pectively  attended  such  schools  in  the  year  immediately  preceding 
such  division." 

The  fourth  section  of  an  act  concerning  the  gospel  and  school 
lots  passed  in  1813,  is  as  follows : 

"  And  be  it  further  enacted,  That  the  rents,  issues,  and  profits 
of  the  aforesaid  lands,  and  the  annual  interest  of  the  moneys  arising 
from  the  sale  thereof,  shall  be  applied  by  the  said  trustees  for  the 
time  being,  to  the  support  of  the  gospel  and  schools  in  their  several 
towns  in  such  manner,  as  the  freeholders  and  inhabitants  of  the 
towns  respectively,  at  their  annual  town  meeting,  shall  order  and 
direct,  or  as  the  legislature  shall  prescribe  by  law."  Session  Laws 
of  1813,  p.  157. 

In  1819,  an  act  was  passed  in  relation  to  the  gospel  and  school 
lots  which  contains  the  following  section : 

"§2.  And  be  it  further  enacted.  That  all  moneys  now  due  or 
hereafter  to  become  due,  and  which  shall  have  come  into  the  hands 
of  the  aforesaid  commissioners  of  public  lots,  and  have  not  been 
applied  and  paid  over  to  religious  societies,  shall  be  apportioned 
among  the  several  school  districts  in  the  several  towns  of  the  afore 
mentioned  counties,  [Onondaga,  Cayuga  and  Seneca]  anything 
in  the  acts  heretofore  passed  to  the  contrary  notwithstanding." 

By  section  first  of  chapter  186,  Laws  of  1846,  (No.  31  ante) 
"  the  office  of  trustees  of  the  gospel  and  school  lots  in  the  several 
towns  in  this  state  is  hereby  abolished  ;  and  the  powers  and  duties 
now  by  law  conferred  and  imposed  upon  said  trustees,  shall  here 
after  be  exercised  by  the  town  superintendent  of  common  schools." 

By  the  provisions  of  chapter  XV,  Title  IV,  of  Part  I  of  the 
Revised  Statutes,  the  trustees  of  the  several  Gospel  and  school 
lots  were  authorized  and  required, 

"1.  To  take  and  hold  possession  of  the  gospel  and  school  lot 
of  their  town : 

"  2.  To  lease  the  same  for  such  time  not  exceeding  twenty-one 
years,  and  upon  such  conditions  as  they  shall  deem  expedient : 

11  3.  To  sell  the  same  with  the  advice  and  consent  of  the 
inhabitants  of  the  town,  in  town  meeting  assembled,for  such  prices 
and  upon  such  terms  of  credit  as  shall  appear  to  them  most  advan 
tageous  : 

"4.  To  invest  the  proceeds  of  such  sales  in  loans  secured  by 
bond  and  mortgage  upon  unincumbered  real  property  of  the  value 
of  double  the  amount  loaned. 

"  5.  To  purchase  property  so  mortgaged  upon  a  fore-closure, 
and  to  hold  and  convey ^the  property  so  purchased,  whenever  it  shall 
become  necessary. 


134 

"6.  To  release  the  amount  of  such  loans  repaid  to  them,  upon 
the  like  security. 

"  7.  To  apply  the  rents  and  profits  of  such  lots,  and  the  inter 
est  of  the  money  arising  from  the  sale  thereof,  to  the  support  of 
the  gospel  and  schools,  or  either,  as  may  be  provided  by  law,  in 
such  manner  as  shall  be  thus  provided. 

"  8.  To  render  a  just  and  true  account  of  the  proceeds  of  the 
sales,  and  the  interest  on  the  loans  thereof,  and  of  the  rents  and 
profits  of  such  gospel  and  school  lots,  and  of  the  expenditure  and 
appropriation  thereof,  on  the  last  Tuesday  next  preceding  the 
annual  town  meeting  in  each  year,  to  the  board  of  auditors  of  the 
accounts  of  other  town  officers. 

"  9.  To  deliver  over  to  their  successors  in  office,  all  books, 
papers  and  securities  relating  to  the  same,  at  the  expiration  of 
their  respective  offices  :  and 

"  10.  To  take  therefor  a  receipt,  which  shall  be  filed  in  the 
clerk's  office  of  the  town. 

"§  4.  The  board  of  auditors  in  each  town  shall  annually  report 
the  state  of  the  accounts  of  the  trustees  of  the  gospel  and  school 
lots  in  that  town,  to  the  inhabitants  thereof,  at  their  annual  town 
meeting. 

"§  5.  Whenever  a  town  having  lands  assigned  to  it  for.  the 
support  of  the  gospel  or  of  schools,  shall  be  divided  into  two  or 
more  towns,  or  shall  be  altered  in  its  limits  by  the  annexing  of  a 
part  of  its  territory  to  another  town  or  towns,  such  lands  shall  be 
sold  by  the  trustees  [town  superintendent]  of  the  town  in  which 
such  lands  were  included  immediately  before  such  division  or 
alteration  ;  and  the  proceds  thereof  shall  be  apportioned  between 
the  towns  interested  therein  in  the  same  manner  as  the  other  public 
moneys,  of  towns,  so  divided  or  altered,  are  apportioned. 

"§  6.  The  shares  of  such  moneys  to  which  the  towns  shall  be 
respectively  entitled,  shall  be  paid  to  the  trustees  of  the  gospel  and 
school  lots  [Town  Superintendents]  of  the  respective  towns,  and 
shall  thereafter  be  subject  to  the  provisions  of  this  Title.-  [, ...; 

"  §  7.  If  in  either  of  such  towns,  trustees  of  gospel  and  school 
lots  [Town  Superintendents]  shall  not  have  been  chosen,  or  there 
be  none  in  office,  the  share  of  such  town  shall  be  paid  to  the 
supervisor." 

An  Act  relative  to  moneys  in  the  hands  of  Overseers  of  the  Poor. 
PASSED  April  27,  1829. 

§  1.  It  shall  be  lawful  for  the  inhabitants  of  any  town,  in  such 
counties  as  have  abolished  the  distinction  between  county  and  town 
paupers,  and  in  such  counties  as  may  hereafter  abolish  such  dis 
tinction,  at  any  annual  or  special  town  meeting,  to  appropriate  all 
or  any  part  of  the  monies  and  funds  remaining  in  the  hands  of  the 
overseers  of  the  poor  of  such  town,  after  such  abolition,  to  such 
objects  and  for  such  purposes  as  shall  be  determined  at  such  meet 
ing. 


135 

§  2.  If  any  such  meeting  shall  appropriate  any  such  money  or 
funds  for  the  benefit  of  common  schools  in  their  town,  the  money  so 
appropriated  shall  be  denominated  "  the  Common  School  Fund  of 
such  town,"  and  shall  be  under  the  care  and  superintendence  of  the 
[Town  Superintendent]  of  Common  Schools  of  said  town. 

§  3.  If  any  such  meeting  shall  appropriate  such  money  or 
funds  for  the  benefit  of  common  schools,  after  such  appropriaticn 
shall  have  been  made,  and  after  the  town  superintendent  of  com 
mon  schools  shall  have  taken  the  oath  of  office,  the  overseers  of 
the  poor  of  such  towns  shall  then  pay  over  and  deliver  to  the  said 
town  superintendent  such  moneys,  bonds,  mortgages,  notes  and 
other  securities  remaining  in  their  hands  as  such  overseers  of  the 
poor,  as  will  comport  with  the  appropriation  made  for  the  benefit 
of  common  schools  of  their  town. 

§  4.  The  said  town  superintendents  of  common  schools  may  sue 
for  and  collect,  in  their  name  of  office,  the  money  due  or  to  be 
come  due  on  such  bonds,  mortgages,  notes  or  other  securities,  and 
also  all  other  securities  by  them  taken  under  the  provisions  of  this 
act. 

§  5.  The  monies,  bonds,  mortgages,  notes  and  other  securities 
aforesaid  shall  continue  and  be  a  permanent  fund,  to  be  denomina 
ted  the  common  school  fund  of  the  town  appropriating  the  same, 
the  annual  interest  of  which  shall  be  applied  to  the  support  of 
common  schools  in  such  towns,  unless  the  inhabitants  of  such  town, 
in  annual  town  meeting,  shall  make  a  different  disposition  of  the 
whole  of  the  principal  and  interest,  or  any  part  thereof,  for  the 
benefit  of  the  common  schools  of  such  town. 

§  6.  The  said  town  superintendents  of  common  schools ,  when 
ever  the  whole  or  any  part  of  the  principal  of  said  fund  shall  come 
to  their  hands,  shall  loan  the  same  on  bond,  secured  by  a  mortgage 
on  real  estate  of  double  the  value  of  the  monies  so  loaned,  exclu 
sive  of  buildings  or  artificial  erections  thereon. 

§  7.  The  said  town  superintendents  of  common  schools  may 
purchase  in  the  estate  on  which  the  fund  shall  have  been  secured, 
upon  the  foreclosure  of  any  mortgage,  and  may  hold  and  convey 
the  same  for  the  use  of  said  fund. 

§  8.  The  said  town  superintendents  of  common  schools  shall 
retain  the  interest  of  said  common  school  fund,  which  shall  be  dis 
tributed  and  applied  to  the  support  of  common  schools  of  such 
town,  in  like  manner  as  the  public  money  for  the  support  of  com 
mon  schools  shall  be  distributed  by  law 

§  9.  The  said  town  superintendents  of  common  schools  shall 
account  annually,  in  such  manner  and  at  such  times  as  town  offi 
cers  are  required  by  law  to  account,  and  shall  deliver  to  their  suc 
cessors  in  office  all  moneys,  books,  securities  and  papers  whatsoev 
er  relating  to  said  fund,  and  shall  take  a  receipt  therefor,  and  file 
the  same  with  the  town  clerk. 


Lewiston  School  Fund. 
[Laws  of  1826,  p.  239.     1  Rev.  Stat,  614.] 

§  1.  The  property  now  belonging  to  the  Lewiston  School  Fund 
shall  remain  a  continual  fund,  the  interest  of  which  shall  be  invio 
lably  appropriated  to  the  support  of  common  schools  in  the  village 
of  Lewiston,  under  the  direction  of  the  commissioners  of  the  Lew 
iston  school  fund  for  the  time  being. 

§  2.  The  commissioners  of  the  Lewiston  school  fund  shall  not 
exceed  three  in  number,  and  shall  hold  their  offices  for  two  years, 
and  until  others  shall  be  appointed.  In  case  of  vacancies  in  the 
office  of  such  commissioners,  the  vacancies  shall  be  filled  and  all 
appointments  hereafter  be  made  by  the  governor  and  senate,  in  the 
same  manner  that  other  appointments  are  made. 

§  3.  All  such  commissioners  hereafter  to  be  appointed,  shall 
continue  in  office  for  two  years  and  until  others  shall  be  appointed, 
unless  in  cases  of  appointment  to  fill  vacancies,  where  the  term 
shall  expire  with  that  of  the  other  commissioners. 

§  4.  Every  person  hereafter  appointed  a  commissioner  of  the 
Lewiston  school  fund  shall,  before  he  enters  on  the  duties  of  his 
office,  give  to  the  trustees  of  the  corporation  of  the  village  of  Lew. 
iston,  a  bond  in  the  penalty  of  fifteen  thousand  dollars,  with  two 
or  more  sureties,  conditioned  that  he  shall  faithfully  execute  the  du 
ties  of  his  office — which  bond  shall  be  deposited  with  the  clerk  of 
the  said  corporation. 

§  5.  The  commissioners  of  the  Lewiston  school  fund  shall  have 
power  and  it  shall  be  their  duty, 

1.  To  sell  or  lease  the  lots  of  land  in  the  village  of  Lewiston, 
belonging  to  the  said  fund,  on  such  terms  as  they  may  judge  most 
conducive  to  the  interests  of  the  fund : 

2.  To  certify  to  the  commissioners  of  the  Land  office,  on  receiv 
ing  payment  for  such  sales,  a  description  of  the  land  sold,  the  price, 
the  time  when  sold,  the  name  of  the  purchasers,  and  that  the  con 
sideration  money  and  interest  has  been  fully  paid  : 

3.  To  loan  all  moneys  which  may  come  to  their  hands,  belong 
ing  to  the  fund : 

4.  To  take  a  bond  on  making  such  loans  to  themselves  as  such 
commissioners,  secured  by  a  mortgage  on  uuincumbered  real  prop 
erty,  of  at  least  double  the  value  of  the  sum  loaned,  exclusive  of 
buildings:  u  jto ••: 

5.  To  collect  all  bonds  and  mortgages  or  other  debts  due  to  the 
fund: 

6.  To  pay  over  to  the  trustees  of  common  schools  in  the  said 
village,  all  moneys  received  by  the   commissioners  for  interest  on 
loans  or  rents  of  lands  belonging  to  said  fund  : 

7.  To  keep  suitable  books  and  accounts  of  all  matters  relating 
to  the  management  of  said  fund,  which  shall  be  open  to  the  inspeo- 
tion   of  the  inhabitants  of  the  village  at  all  reasonable    times: 
and — 


137 

8.  To  deliver,  at  the  expiration  of  their  several  offices,  to  the 
remaining  commissioners  or  their  successors  in  office,  all  the  books 
and  papers  relating  to  said  fund. 

§  6.  Before  the  trustees  of  common  schools  in  said  village  shall 
be  entitled  to  receive  such  moneys  from  the  commissioners,  the 
trustees  shall  execute  a  bond  to  the  supervisors  of  the  town  of  Lew- 
iston,  in  such  penalty  and  with  such  sureties  as  the  supervisor  shall 
approve,  conditioned  that  the  trustees  shall  faithfully  apply  such 
moneys  towards  the  support  of  schools  in  the  village  of  Lewiston, 
for  the  benefit  of  such  of  its  inhabitants  as  shall  have  resided  in 
the  village  at  least  six  months  ;  and  shall  render  a  just  aud  true 
account  of  the  expenditure  of  such  moneys  to  the  supervisor, 
when  required. 

§  7.  It  shall  be  the  duty  of  the  trustees  of  the  corporation  of 
the  village  of  Lewiston,  in  case  of  any  breach  of  the  conditions  of 
the  bond  given  by  such  commissioners,  and  of  the  supervisor  of  the 
town  of  Lewiston,  in  case  of  any  breach  of  the  conditions  of  the 
bond  given  by  the  trustees  of  common  schools  for  the  village  of 
Lewiston,  to  sue  for  and  receive  on  said  bonds  all  damages  which 
may  have  accrued  by  such  breaches  for  the  use  of  said  schools. 


PART  III. 

INSTRUCTIONS,  DIGEST  &  EXPOSITION 

OF  THE 

!o»,^it  GENERAL  LAWS .^"t^L 

EKLATING   TO 

COMMON    SCHOOLS. 

WITH  FORMS,  Ac.,  FOR  THE  USE  OF  SCHOOL  OFFICERS. 


CHAPTER  I. 

OF  THE  SCHOOL  FUND  AND  STATE  TAX,  AND  THEIR  APPOR 
TIONMENT  AND  DISTRIBUTION  AMONG  THE  SEVERAL 
COUNTIES,  CITIES  AND  TOWNS. 

COMMON  SCHOOLS  in  the  several  school  districts  of  this  state 
are  FREE  to  all  persons  residing  in  the  district,  over  four  and  under 
twenty-one  years  of  age  ;  and  all  children  enumerated  in  the  an 
nual  reports  of  the  trustees  of  the  several  districts  are  legally  EN 
TITLED  to  attend  the  schools  of  such  district.  Children  whose  pa 
rents  or  guardians  are  non-residents  of  the  district  in  which  they 
may  desire  to  attend  school,  may  be  admitted  into  such  school,  with 
the  approbation  in  writing  of  the  trustees  thereof,  or  of  a  majority 
of  them.  If  any  terms  of  admission  are  intended  to  be  imposed, 
other  than  those  common  to  resident  children  of  the  district,  such 
terms  must  be  distinctly  specified  at  the  time  of  such  admission  : 
otherwise  it  will  be  presumed  that  the  non-resident  children  so  ad 
mitted  are  to  share  in  all  the  privileges  of  the  school  with  resident 
children  of  the  district. 

The  capital  of  the  common  school  fund,  consisting  of  the  pro 
ceeds  of  the  sales  of  all  lands  belonging  to  the  state,  is,  by  the  con 
stitution,  to  be  "  preserved  inviolate,"  and  its  revenues  to  be  appli 
ed  to  the  support  of  common  schools.  This  fund  amounted  on  the 
30th  of  September  last,  to  $2,243,563.36  ;  consisting  of  bonds  for 
lands  sold,  and  for  loans,  bank  stock,  state  stock,  &c.,  yielding  an 


139 

annual  revenue  of  about  $135,000  for  distribution  among  the  sev 
eral  school  districts. 

By  chapter  237  of  the  Laws  of  1838,  the  sum  of  8110,000 
was  annually  appropriated  from  the  revenue  of  the  United  States 
Deposite  Fund,  together  with  an  additional  amount  of  $55,000  for 
the  purchase  of  district  libraries.  The  aggregate  amount  therefore 
to  be  annually  apportioned  and  distributed  from  the  common  school 
fund  is  $300,000.  The  constitution  also  provides  that  "  the  sum 
of  twenty-five  thousand  dollars  of  the  revenues  of  the  United 
States  Deposite  Fund  shall  each  year  be  appropriated  to  and  made 
a  part  of  the  capital  of  the  said  common  school  fund  ;"  and  by 
§  13  of  chapter  382  of  the  laws  of  1849,  "whenever  any  money 
is  paid  into  the  treasury  of  the  state  for  or  on  account  of  the  com 
mon  school  fund,  it  shall  be  the  duty  of  the  comptroller  to  credit 
the  common  school  fund  with  interest  on  the  sum  so  paid  in,  at  the 
rate  of  six  per  cent,  per  annum,  for  the  time  the  same  shall  remain 
in  the  treasury." 

By  the  "  Act  to  establish  Free  Schools  throughout  the  State,"  it 
is  provided  that  there  shall  hereafter  be  raised  by  tax,  in  each  and 
every  year,  upon  the  real  and  personal  estate  within  this  state,  the 
sum  of  eight  hundred  thousand  dollars,  to  be  levied,  assessed  and 
collected  in  the  mode  prescribed  by  the  revised  statutes,  relating 
to  the  assessment  and  collection  of  taxes,  and  when  collected  be 
paid  over  to  the  respective  county  treasurers,  subject  to  the  order 
of  the  state  superintendent  of  common  schools,  who  is  required  to 
ascertain  the  portion  of  said  sum  to  be  assessed  and  collected  in 
each  of  the  several  counties  of  this  state,  by  dividing  the  said  sum 
among  the  several  counties,  according  to  the  valuation  of  real  and 
personal  estate  therein,  as  it  shall  appear  by  the  assessment  of  the 
year  next  preceding  the  one  in  which  said  sum  is  to  be  raised,  and 
to  certify  to  the  clerk  of  each  county,  before  the  tenth  day  of  July 
in  each  year,  the  amount  to  be  raised  by  tax  in  such  county ;  and 
it  is  made  the  duty  of  the  several  county  clerks  to  deliver  to  the 
board  of  supervisors  of  their  respective  counties,  a  copy  of  such 
certificate,  on  the  first  day  of  their  annual  session,  and  of  the  board 
of  supervisors  to  assess  such  amount  upon  the  real  and  personal 
estate  of  such  county,  in  the  manner  provided  by  law  for  the  as 
sessment  and  collection  of  taxes. 

The  state  superintendent  of  common  schools  is  required  on  or 
before  the  first  day  of  January  in  every  year,  to  apportion  and 
divide,  one-third  of  the  sum  so  raised  by  general  tax,  and  one- 
third  of  all  other  moneys  appropriated  to  the  support  of  common 
schools,  among  the  several  school  districts,  par£s  of  districts,  and 
separate  neighborhoods  in  this  state,  from  which  reports  shall  have 
been  received  in  accordance  with  law,  in  the  following  manner, 
viz  :  to  each  separate  neighborhood  belonging  to  a  school  district 
in  some  adjoining  state,  a  sum  of  money  equal  to  thirty-three  cents 
each  child  in  such  neighborhood  (between  the  ages  of  four  and 
nty-one)  ;  but  the  sum  so  to  be  apportioned  and  paid  to  any 


140 

such  neighborhood,  is  in  no  case,  to  exceed  the  sum  of  twenty-four 
dollars,  and  the  remainder  of  such  one-third  is  to  be  apportioned 
and  divided  equally  among  the  several  districts ;  and  the  state 
superintendent  of  common  schools  is,  by  proper  regulations  and 
instructions  to  be  prescribed  by  him,  is  to  provide  for  the  payment 
of  such  moneys  to  the  trustees  of  such  separate  neighborhoods  and 
school  districts.  It  is  also  the  duty  of  the  state  superintendent  of 
common  schools,  on  or  before  the  first  day  of  January,  in  every 
year,  to  apportion  and  divide  the  remaining  two-thirds  of  the  said 
amount  of  eight  hundred  thousand  dollars,  together  with  the  re 
maining  two-thirds  of  all  other  moneys  appropriated  by  the  state 
for  the  support  of  common  schools  among  the  several  counties, 
cities  and  towns  of  the  state,  in  the  mode  now  prescribed  by  law 
for  the  division  and  apportionment  of  the  income  of  the  common 
school  fund ;  and  the  share  of  the  several  towns  and  wards  so  ap 
portioned  and  divided,  is  to  be  paid  over,  on  and  after  the  first 
Tuesday  in  February,  in  each  year,  to  the  several  town  superin 
tendents  of  common  schools,  and  ward  or  city  officers,  entitled  by 
law  to  receive  the  same. 

When  the  census,  or  returns,  upon  which  an  apportionment  is 
to  be  made,  shall  be  so  far  defective,  in  respect  to  any  county,  city, 
or  town,  as  to  render  it  impracticable  for  the  superintendent  to 
ascertain  the  share  of  school  moneys,  which  ought  then  to  be  ap 
portioned  to  such  county,  city,  or  town,  he  is  required  to  ascer 
tain,  by  the  best  evidence  in  his  power,  the  facts  upon  which  the 
ratio  of  such  apportionment  shall  depend,  and  to  make  the  ap 
portionment  accordingly ;  and  whenever,  in  consequence  of  the 
division  of  a  town,  or  the  erection  of  a  new  town,  in  any  county, 
the  apportionment  then  in  force  shall  become  unjust,  as  between 
two  or  more  of  the  towns  of  such  county,  he  is  required  to  make 
a  new  apportionment  of  the  school  moneys  next  to  be  distributed 
amongst  such  towns,  ascertaining  by  the  best  evidence  in  his 
power,  the  facts  upon  which  the  ratio  of  apportionment  as  to  such 
towns,  shall  depend.  He  is  also  to  certify  each  apportionment 
made  by  him,  to  the  comptroller. 

Under  these  provisions  the  sum  of  SI, 100, 000  is  annually  to  be 
apportioned  by  the  state  superintendent  among  the  several  counties, 
cities  and  towns,  for  the  support  of  common  schools  ;  of  which  the 
sum  of  $55,000  is  to  be  applied  to  library  purposes,  and  the  residue 
exclusively  to  the  payment  of  the  wages  of  duly  qualified  teachers, 
in  the  mode  prescribed  by  law. 

Treasurers  of  counties  have  no  right  to  deduct  from  the  amount 
of  the  school  moneys  apportioned  to  each  town  a  commission  of 
one  per  cent.  They  are  unquestionably  entitled  to  such  a  com 
mission  undej  §  26,  1  R.  S.  370  on  the  moneys  received 
and  paid  by  them  for  the  use  of  the  common  schools ;  but 
they  have  no  right  to  diminish  the  amount  of  the  moneys 
placed  in  their  hands  for  distribution,  under  an  apportionment  by 
the  superintendent.  Their  commission  is  a  charge  upon  the  county, 
and  not  upon  the  common  school  fund. —  Com.  School  Dec.  279. 


141 

In  addition  to  the  funds  thus  provided  by  the  general  law,  a 
large  proportion  of  the  towns  are  annually  in  the  receipt  of  local 
funds,  arising  from  the  proceeds  of  the  sales  or  leases  of  gospel  and 
school  lots  belonging  to  such  towns,  reserved  under  an  act  passed 
in  1789,  by  the  surveyor-general  in  the  original  allotment  of  town 
ships  ;  from  the  appropriation  of  moneys  remaining  in  the  hands  of 
the  overseer  of  the  poor  of  towns  in  those  counties  in  which  the 
distinction  between  town  and  county  paupers  has  been  abolished, 
to  the  support  of  the  schools,  by  a  vote  of  the  inhabitants  at  their 
annual  town  meeting;  and  in  some  instances  from  testamentary 
bequests  and  voluntary  donations,  for  the  benefit  of  common  schools. 
In  most  of  the  cities  of  the  state,  too,  as  will  be  seen  hereafter, 
large  sums  are  directed  by  special  acts  to  be  raised  for  the  support 
of  the  public  schools. 


CHAPTER  II. 


TOWN    SUPERINTENDENTS    OF    COMMON    SCHOOLS. 

By  the  first  section  of  chap.  133,  Laws  of  1843,  the  offices  of 
Commissioners  and  Inspectors  of  common  schools  were  abolished ; 
arid  by  the  first  section  of  chap.  480,  Laws  of  1847,  it  is  provided 
that  there  shall  hereafter  be  elected  in  each  of  the  towns  of  this 
state,  at  the  same  time  and  in  the  same  manner  that  other  town  of 
ficers  are  chosen,  an  officer  to  be  denominated  "  Town  Superin- 
endent  of  common  schools."  It  is  his  duty,  on  or  before  the 
first  Monday  of  November  after  his  election,  to  execute  to  the  su 
pervisor  of  his  town  and  file  with  the  town  clerk,  a  bond,  with  one 
or  more  sufficient  sureties,  to  be  approved  of  by  said  supervisor 
by  endorsement  over  his  signature  on  said  bond,  in  the  penalty  of 
double  the  amount  o?  school  money  which  his  town  received  from 
all  sources  during  the  year  preceding  that  for  which  he  shall  have 
been  elected,  conditioned  for  the  faithful  application  and  legal  dis 
bursement  of  all  the  school  money  coming  into  his  hands  during 
his  term  of  office,  and  for  the  faithful  discharge  of  all  the  duties 
of  said  office.  In  case  such  bond  shall  not  be  executed  and  filed 
within  the  time  herein  specified,  the  office  of  such  Town  Superin 
tendent  is  to  be  deemed  vacant,  and  such  or  any  other  vacancy 
is  to  be  filled  by  any  three  Justices  of  the  Peace  of  the  same  town, 
by  a  warrant  under  their  hands  and  seals ;  and  the  persons  so  ap 
pointed  are,  (by  the  provisions  of  §  14,  chap.  382,  Laws  of  1849,) 
to  hold  their  offices  until  the  first  Monday  of  November  following 
the  next  annual  town  meeting.  The  justices  making  such  appoint 
ment  are  to  cause  their  warrant  to  be  filed  with  the  town  clerk, 
and  to  give  immediate  notice  to  the  person  appointed. 


142 

If  there  are  less  than  three  justices  residing  in  the  town  in 
which  such  vacancy  occurs,  the  resident  justice  or  justices  may  as 
sociate  with  themselves  one  or  more  justices  from  any  adjoining 
town.  1  Rev.  St.  398,  §  56. 

Every  town  superintendent  is  required  on  the  execution  of  his 
bond,  as  above  provided,  to  enter  upon  the  duties  of  his  office  on 
ihejirst  Monday  of  November  succeeding  his  election,  and  is  to 
hold  his  office  for  two  years  thereafter;  and  whenever  the  office 
of  town  superintendent  shall  be  vacant  for  any  cause,  or  before  the 
time  of  the  annual  town  meeting,  shall  be  held  by  a  person  ap 
pointed  by  the  Justices  as  above  provided,  the  electors  of  the  town 
at  such  town  meeting  are  required  to  choose  a  town  superintend 
ent  to  fill  such  vacancy  or  to  supercede  such  appointee ;  and  the 
person  so  elected  is  to  enter  upon  the  duties  of  the  office  on  the 
first  Monday  of  November  following  his  election,  and  to  hold  his 
office  for  the  term  of  two  years. 

In  the  interim  between  the  town  meeting  and  the  first  Monday 
of  November  following,  the  office  is  to  be  filled  by  appointment  by 
the  Justices. 

Town  superintendents  are  declared  by  law  to  be  ineligible  to 
the  offices  of  Trustee  of  School  District,  Supervisor,  or  Town 
Clerk. 

The  powers  and  duties  formerly  by  law  conferred  upon  the 
trustees  of  the  Gospel  and  school  lots  in  the  several  towns  of  the 
state,  are,  by  the  first  section  of  chap.  186,  Laws  of  1846,  vested 
in  and  to  be  exercised  by  town  superintendents. 

Town  superintendents  are  entitled  to  receive  SI, 25  per  day  for 
every  day  actually  and  necessarily  devoted  by  them,  in  their  offi 
cial  capacity,  to  the  service  of  the  town  in  which  they  are  elected, 
to  be  paid  in  like  manner  as  other  town  officers  are  paid. 

Town  superintendents  are  required,  immediately  after  the  com 
mencement  of  their  official  term,  to  report  their  names  and  post  of 
fice  address  to  the  Department. 

The  various  powers  and  duties  appertaining  to  the  office  of 
Town  Superintendents,  may  be  arranged  under  the  following 
heads  : 

1st.     The  formation  and  alteration  of  districts. 

2d.     The  apportionment  and  payment  of  public  money. 

3d.  The  inspection  and  licensing  of  teachers,  and  the  visitation 
and  supervision  of  schools. 

4th.     The  making  and  transmission  of  their  annual  reports. 

5th.     The  collection  of  certain  penalties  and  forfeitures. 

6th.     Miscellaneous  duties  under  various  provisions  of  law. 

I.    OF    THE    FORMATION   AND    ALTERATION    OF  SCHOOL  DISTRICTS. 

By  the  43d  section  of  the  act  of  1847,  above  referred  to,  it  is 
provided  that  "  in  the  erection  or  alteration  of  a  school  district,  the 
trustees  of  any  district  to  be  affected  thereby  may  apply  to  the  su 
pervisor  and  town  clerk  to  be  associated  with  the  Town  Superin- 


143 

tendent ;  and  their  action  shall  be  final  unless  duly  appealed  from. 
The  compensation  of  the  supervisor  and  town  clerk,  when  thus  as 
sociated,  shall  be  the  same  as  that  of  the  Town  Superintendent." 
The  various  remarks  under  this  head  will  therefc 
as  well  to  the  action  of  the  town  supervisor,  superintendent  and 
clerk,  when  associated  together  by  virtue  of  this  provision,  as  to 
that  of  the  Town  Superintendent  alone ;  although  for  the  sake  of 
brevity  and  simplicity  the  latter  only  is  referred  to. 

It  is  proper,  however,  in  this  connection  to  advert  to  the  general 
duties  of  the  town  clerk,  in  his  capacity  as  clerk  to  the  Town  Su 
perintendent,  independently  of  the  provision  above  cited.  By  the 
32d  section  of  the  school  act  (No.  00)  he  is  required  '*  to  receive 
and  keep  all  reports  made  to  the  Town  Superintendent  from  the 
trustees  of  school  districts^and  all  the  books  and  papers  belonging 
to  the  Town  Superintendent  when  required,  and  to  file  them  in 
his  office ;  to  receive  all  his  estimates  and  apportionments  of  school 
money,  and  to  record  the  same  in  a  book  to  be  kept  for  that  pur 
pose  ;  and  to  notify  the  Town  Superintendent,  upon  receiving  no 
tice  from  the  county  clerk,  that  he  has  not  made  his  annual  report, 
for  the  purpose  of  making  such  report." 

Consent  of  Trustees,  and  Notice  of  Alteration. 

By  the  45th  section  of  the  school  act  (No.  71)  it  is  provided 
that  "  no  alteration  of  any  school  district  made  without  the  consent 
of  the  trustees  thereof,  shall  take  effect  until  three  months  after 
notice  in  writing  shall  be  given  by  the  Town  Superintendent,  to 
some  one  or  more:j^f  such  trustees.  Nor  shall  any  alteration  or 
regulation  of  an  organized  school  district  be  made  to  take  effect 
between  the  first  day  of  December  in  any  one  year,  and  the  first  day 
of  May  following" 

As  the  principal  portion  of  the  inhabited  territory  of  the  state 
has  already  been  sub-divided  into  school  districts,  every  formation 
of  a  new  district  will,  to  a  greater  or  less  extent,  involve  some  al 
teration  in  districts  previously  existing.  The  consent  of  a  majori 
ty  of  the  trustees,  therefore,  of  each  district  affected  by  such  alter 
ation,  or  a  written  notice  thereof,  to  some  one  qf  such  trustees,  is  in 
all  cases  indispensable  to  the  validity  of  the  proceeding.  In  the 
absence  of  such  consent,  the  order  of  the  Town  Superintendent  is, 
to  use  a  legal  phrase,  inchoate,  or  in  abeyance,  until  the  expiration 
of  three  months  after  service  of  the  notice  required  by  law ;  and 
the  districts  to  be  affected  by  the  proposed  alteration  remain,  for 
all  district  purposes,  in  their  original  condition,  the  same  as  though 
no  action  whatever  had  been  had. 

All  alterations  made  between  the  first  day  of  December  in  any 
year,  and  the  first  day  of  May  ensuing,  should  specify  on  their 
face  that  they  are  to  take  effect  on  or  after  the  first  day  of  May,and 
if  after  at  what  time. 

The  law  has  not  prescribed  any  specific  time  within  which  the 
notice  of  the  alteration  must  be  given,  where  the  consent  of  trus- 


144 

tees  has  been  withheld ;  but  it  is  obviously  proper  that  such  notice 
should  be  given  at  the  time  of  the  alteration,  or  as  soon  thereafter 
as  may  be  practicable.  A  notice  at  any  subsequent  period  would 
undoubtedly,  however,  be  valid,  and  would  amount  to  a  republica- 
tion  of  the  order  of  the  Town  Superintendent ;  and  at  the  expira 
tion  of  three  months  from  the  service  of  such  notice,  the  alteration 
would  take  effect.  The  consent  of  the  trustees,  when  given,  would 
appear  from  the  record  of  the  alteration,  but  in  the  absence  of  such 
proof,  it  may  be  established  by  other  testimony. 

Whenever  any  portion  of  the  inhabitants  or  territory  of  one  dis 
trict  is  annexed  to  another  existing  district,  the  consent  of  a  major 
ity  of  the  trustees  of  each  district  must  be  procured,  or  the  notice 
required  by  law  must  be  given. 

The  consent  of  trustees  to  a  proposed  alteration  in  their  district 
may  be  given  either  verbally  or  in  writing  ;  and  it  has  even  been 
held  that  their  presence  at  the  time  of  alteration,  with  full  knowl 
edge  of  the  fact  of  such  alteration,  amounts,  in  the  absence  of  any 
objection  on  their  part,  to  a  consent. — >Gom.  School  Dec.  59. 

Persons  attached  to  a  district  without  the  consent  of  trustees, 
may  be  transferred  to  another  district  at  any  time  prior  to  the  ex 
piration  of  three  months,  and  such  new  transfer  amounts  to  a  virtu 
al  abandonment  of  the  original  order. 

The  consent  of  trustees  to  an  alteration  in  their  district  must  in 
all  cases  have  reference  to  the  specific  alteration  proposed,  and  can 
not  be  general  and  unlimited.—  Com.  School  Dec.  30. 

The  provision  requiring  the  consent  of  trustees  to  detach  persons 
from  their  district,  and  holding  them  three  rtionths  without  such 
consent,  was  made  for  the  benefit  and  protection"*  of  the  trustees,  to 
whose  injury  the  alteration  might  operate.  For  instance,  trustees 
might  have  made  contracts  and  incurred  responsibilities  which 
would  operate  oppressively,  if  some  of  the  most  wealthy  were  de 
tached  before  they  had  time  to  collect  the  tax.  And  to  carry  this 
intention  into  effect,  the  act  should  be  benignly  and  favorably  con 
strued  for  the  protection  of  the  trustees. — Id. 

When  the  supervisor  and  town  clerk  are  associated  with  the 
Town  Superintendent  in  the  formation  or  alteration  of  any  dis 
trict,  a  majority  of  the  Board  may  make  the  requisite  order. 

Notice  for  the  organization  of  a  new  District. 

Whenever  any  school  district  is  formed  in  any  town,  it  is  the 
duty  of  the  Town  Superintendent,  within  twenty  days  thereafter, 
to  prepare  a  notice  in  writing,  describing  such  district,  and  appoint 
ing  a  time  and  place  for  the  first  district  meeting,  and  to  deliver 
such  notice  to  a  taxable  inhabitant  of  the  district,  who  is  bound  to 
notify  every  other  inhabitant  of  the  district,  qualified  to  vote  at 
district  meetings,  by  reading  the'notice  in  the  hearing  of  each  such 
inhabitant,  or  in  case  of  his  absence  from  home,  by  leaving  a  copy 
thereof,  or  of  so  much  thereof  as  relates  to  the  time  and  place  of 
such  meeting,  at  the  place  of  his  abode,  at  least  six  days  before  the 


145 

of  the  meeting.  In  case  such  notice  shall  not  be  given,  or 
the  inhabitants  of  a  district  shall  refuse  or  neglect  to  assemble 
or  form  a  district  meeting,  when  so  notified ;  or  in  case  any 
such  district,  having  been  formed  and  organized  in  pursuance 
of  such  notice,  shall  afterwards  be  dissolved,  so  that  no  competent 
authority  shall  exist  therein,  to  call  a  special  district  meeting  in 
the  manner  hereinafter  provided  ;  such  notice  must  be  renewed  by 
the  Town  Superintendent,  and  served  in  the  manner  above 
described.— 54— 56.  (Nos.  76—78.) 

The  notice  here  required  to  be  served  on  each  voter  in  the  dis 
trict  by  the  inhabitant  to  whom  the  Town  Superintendent  delivers 
the  notice  prepared  by  him,  need  not  contain  the  description  of  the 
district  referred  to  in  the  54th  section.  It  is  sufficient  if  it  specify 
the  time,  place,  and  general  object  of  the  meeting.  "It  is  neces 
sary  for  the  person  notifying  the  inhabitants  to  have  the  district 
described,  that  he  may  know  whom  to  notify.  The  inhabitant 
notified  has  no  necessity  for  knowing  who  else  is  notified.  The 
notice  is  to  him  as  an  individual.  The  same  section  defines  the 
extent  of  this  notice  to  individuals  by  saying,  when  the  person  is 
absent  from  home,  he  is  to  be  warned  by  leaving  at  his  place  of 
abode  a  copy  of  the  notice,  or  of  so  much  thereof  as  relates  to  the 
lime  and  place  of  meeting.  This  is  clear  and  conclusive.  It 
could  not  be  necessary  that  a  personal  notice  should  be  more  full 
and  particular  than  is  required  of  a  notice  left  in  the  absence  of 
the  person  notified." — Per  FLAGG,  Sup't.  Com.  School  Dec.  18. 

If  in  consequence  of  the  refusal  of  the  trustees  of  the  district 
or  districts,  from  which  a  new  district  is  formed,  to  consent  to  the 
proposed  alteration,  such  new  district  cannot  go  into  operation 
until  after  the  expiration  of  three  months  from  the  service  of  notice 
of  such  alteration,  the  notice  for  the  first  meeting  must  be  deferred 
until  the  expiration  of  such  time  ;  or  at  least  must  specify  a  day 
subsequent  thereto  for  the  holding  of  such  meeting. 

Where  a  meeting  has  been  held  and  officers  chosen  under  a 
notice  given  by  the  Town  Superintendent,  in  the  mode  prescribed 
by  law,  a  second  notice  for  such  organization  cannot  be  given  under 
the  pretence  that  the  proceedings  of  such  first  meeting  were  in 
valid  or  irregular. —  Com.  School  Dec.  176. 

On  the  formation  of  a  new  district,  if  notice  for  the  first  district 
meeting  is  not  given  within  twenty  days,  it  may  be  given  subse 
quent  to  the  expiration  of  that  period :  the  provision  requiring  the 
notice  to  be  given  within  that  time  being  directory  merely. — Id.35&. 

•By  §  50  of  the  school  act,  as  amended  by  chap.  382,  Laws  of 
1849,  it  is  provided  that  "when  two  or  more  districts  shall  be 
consolidated  into  one,  the  new  district  shall  succeed  to  all  the  rights 
of  property  possessed  by  the  districts  of  which  it  shall  be  com 
posed,  and  when  a  district  is  annulled  and  portions  thereof  are 
annexed  to  other  districts,  the  property  of  tfte  district  so  annulled 
shall  be  sold  by  the  town  superintendent  of  the  town  in  which  the 
school  house  is  located,  at  public  auction  to  the  highest  bidder 
10 


146 

therefor,  after  at  least  five  days  public  notice  by  notices  posted  in 
three  or  more  public  places  in  said  town,  one  of  which  shall  be 
within  the  district  so  annulled,  and  the  proceeds  of  such  sale  shall 
be  first  applied  so  far  as  requisite,  to  the  payment  of  any  just  debts 
due  from  the  district  so  annulled,  and  the  residue  thereof  shall  be 
apportioned  among  the  taxable  inhabitants  of  the  district  so  annulled 
in  the  ratio  of  their  several  assessments  upon  the  last  corrected 
assessment  roll  of  the  town  or  towns  with  which  such  district  is 
located." 

Where  there  are  any  moneys  in  the  hands  of  the  officers  of  a 
district  that  is  or  may  be  annulled,  or  belonging  to  such  district, 
the  Town  Superintendent  of  common  schools  of  the  town  may 
demand,  sue  for,  and  recover  the  same,  in  their  name  of  office,  and 
is  required  to  apportion  the  same  equitably  between  the  districts 
to  which  the  several  portions  of  such  annulled  district  may  have- 
been  annexed,  to  be  held  and  enjoyed  as  district  property. — Id. 
§  52,  (No.  74.) 

The  former  provisions  of  law,  authorizing  the  sale  and  appor 
tionment  of  distriot  property  whenever  a  new  district  was  formed 
from  one  or  more  districts  possessed  of  a  school  house  or  other 
property,  has  been  repealed :  and  no  such  sale  or  apportionment 
can  take  place  except  in  the  case  of  a  dissolved  district,  as  above 
specified. 

Formation  or  alteration  of  Joint  Districts. 

By  g  44,  (No.  70)  of  the  school  act,  it  is  provided  that  "  when 
ever  it  may  be  necessary  or  convenient  to  form  a  district  out  of 
two  or  more  adjoining  towns,  the  Town  Superintendents  of  each 
of  such  adjoining  towns  or  the  major  part  of  them  may  form, 
regulate  and  alter  such  districts." 

In  accordance  with  the  spirit  of  this  provision,  and  of  the  adju 
dications  under  it,  it  is  conceived  that  the  assent  of  the  Town  Su 
perintendent,  either  singly,  or  if  the  supervisors  or  town  clerk  are 
associated  with  him,  of  a  majority  of  the  officers  of  each  of  the 
towns  from  which  a  joint  district  is  partly  composed,  is  essential 
to  the  validity  of  any  order  forming  or  altering  such  joint  district. 
In  the  formation  of  joint  districts,  the  Town  Superintendents,  &c., 
represent  their  respective  towns,  and  the  rights  of  those  whom  they 
represent  cannot  be  voted  away  by  officers  representing  the  inhab 
itants  of  another  town.  The  principle  has  been  settled  by  the  de 
cisions  of  Messrs.  FLAGG,  Dix  and  YOUNG,  Superintendents, 
against  the  dissenting  opinion  of  Mr.  SPENCEK,  that  the  law  does 
not  authorize  the  question  of  the  formation  or  alteration  of  a  joint 
district,  to  be  settled  by  a  joint  ballot  of  the  officers  representing 
the  several  towns,  from  parts  of  which  it  is,  or  is  proposed  to  be, 
composed.  See  Com.  School  Dec.,  23,  174. 


147 

The  moment  a  single  district  becomes  joint,  the  action  of  the 
proper  officers  of  all  the  towns  of  which  it  is  a  part  is  indispensable 
to  give  validity  to  any  alteration  in  its  boundaries ;  and  such  alter 
ation,  whether  its  effect  is  to  change  a  joint  to  a  single  district,  or 
to  continue  the  joint  district,  can  be  made  only  by  the  concurrence 
of  the  representatives  of  each  of  the  towns  interested.  This  con 
struction  is  in  entire  accordance  with  the  whole  tenor  of  the  Su 
perintendent's  decision  ;  and  if  it  is  not  clear  from  the  language  of 
§  44  that  such  is  the  true  meaning  of  that  section,  all  doubt  on  this 
point  will  be  dispelled  by  reference  to  §  46,  which  provides  for  the 
case  of  a  refusal  on  the  part  of  the  proper  officers  of  one  town  to 
act  with  those  of  another,  for  the  purpose  of  altering  a  joint  dis 
trict."  Per  Dix  Sup't.  Com.  School  Dec.  174;  modified  in  confor 
mity  to  the  existing  provisions  of  law  in  reference  to  the  proper 
officers  to  form,  regulate  and  alter  districts.  At  pages  248  and  253 
of  the  same  volume,  the  same  principle  is  again  distinctly  recog 
nized  and  enforced  by  the  same  Superintendent.  "  The  consent 
of  the  trustees  of  a  joint  district  to  an  alteration  does  not  author 
ize  the  proper  officers  of  one  town  to  make  it  without  the  concur 
rence  of  those  of  the  others  of  which  it  may  be  composed.  Each 
town  of  which  the  district  is  a  part,  is  concerned  in  its  preserva 
tion,  and  it  is  only  with  the  consent  of  the  official  authority  of  each 
town  that  its  boundaries  can  be  enlarged  or  diminished,  excepting 
when  the  proper  officers  of  one  town  refuse  or  neglect  to  meet  those 
of  the  others  when  their  attendance  has  been  required." 

By  §  46,  fNo.  72)  above  alluded  to,  it  is  provided  that  where 
the  Town  Superintendent  of  common  schools  of  any  town  shall  re 
quire  in  writing  the  attendance  of  the  proper  officers  of  any  other 
town  or  towns,  at  a  joint  meeting,  for  the  purpose  of  altering  a 
school  district  formed  from  their  respective  towns,  and  a  major 
part  of  the  officers  notified  shall  refuse  or  neglect  to  attend,  those 
in  attendance  may,  by  a  majority  of  votes,  call  a  special  district 
meeting  of  such  district,  for  the  purpose  of  deciding  on  such  pro 
posed  alteration  ;  and  the  decision  of  such  meeting  shall  be  as  val 
id  as  if  made  by  the  proper  authority  of  all  the  towns  interested ; 
but  shall  extend  no  further  than  to  dissolve  the  district  formed  from 
such  towns.  The  effect  of  such  a  dissolution  would  be  to  cause  the 
inhabitants  and  territory  of  each  of  the  towns  from  parts  of  which 
the  joint  district  had  been  composed,  to  revert  under  the  separate 
jurisdiction  of  tjie  proper  officers  of  the  respective  towns,  who 
might  make  such  disposition  of  them  as  they  should  deem  most 
expedient  and  proper. 

Single  districts  are  frequently  transformed  into  joint  districts  bj 
operation  of  law,  on  the  division  of  towns  and  counties,  or  the  al 
teration  of  their  boundaries.  A  district  intersected  by  the  line  of 
division  between  a  new  town  and  the  tovvn  from  which  it  was  ta 
ken,  becomes  a  joint  district,  and  is  thereafter  subject  to  the  prin 
ciples  and  provisions  of  law  applicable  to  joint  districts. 


148 

Although  the  jt*tit  action  of  the  requisite  legal  authority  of  all 
the  towns  from  portions  of  which  a  joint  district  is  composed,  is 
necessary  to  any  alteration  of  such  district,  yet  where  such  altera 
tion  involves  the  dissolution  of  the  joint  district,  the  powers  of  the 
joint  board  cease  with  the  order  for  such  dissolution,  and  the  prop 
er  officers  of  each  of  the  towns  resume  their  jurisdiction  over  the 
inhabitants  and  territory  belonging  to  their  town.  The  co-opera 
tion  of  the  other  members  of  the  joint  board,  in  such  subsequent 
proceedings,  although  unnecessary  and  irregular,  would  not,  how 
ever,  it  is  presumed,  vitiate  the  proceedings. 

In  the  formation  or  alteration  of  joint  districts,  a  joint  board 
must  in  all  cases  be  formed.  The  officers  of  one  town  cannot  con 
cur  in  the  proceedings  of  those  of  another,  at  a  subsequent  period. 
They  have  no  power  to  act,  either  separately  or  by  proxy.  They 
ean  neither  give  their  consent  beforehand  to  what  their  colleagues 
may  do,  nor  can  they  afterwards  in  any  mode  render  that  valid, 
which  was  before  illegal  and  void. 

General  Principles  applicable  to  the  Formation  and  Alteration 
of  Districts. 

The  great  aim  of  the  officers  to  whom  this  duty  has  been  confi 
ded  should  be  to  form,  as  far  as  may  be  practicable,  permanent 
and  efficient  districts,  competent  both  in  respect  to  taxable  proper 
ty  and  number  of  children,  to  sustain  good  schools  for  from  eight 
to  ten  months  of  each  year,  and  affording  all  requisite  facilities  for 
the  regular  attendance  of  all  the  children  entitled  to  participate  in 
the  benefits  of  the  school. 

Whenever  alterations  may  become  necessary  or  expedient,  the 
utmost  care  should  be  taken  to  secure  the  general  co-operation  of 
the  inhabitants  interested,  and  to  avoid  all  those  sources  of  conten 
tion  and  discord  which  are  so  fatal  to  the  prosperity,  harmony  and 
efScieney  of  the  district.  It  is  better  to  submit  to  many  temporary 
and  local  inconveniences,  than  to  hazard  the  disastrous  results 
which  almost  uniformly  follow  any  general  dissatisfaction  with  con 
templated  alterations,  even  though  such  alterations  may  upon  the 
whole  be  judicious  and  advantageous.  "  The  good  sense  of  a  dis 
trict  may  be  relied  upon,  to  perceive  ultimately  its  true  interest, 
and  the  loss  of  time  in  attaining  the  desired  end  is  unimportant 
when  compared  with  the  consequences  of  defeating  the  wishes  of 
a  decided  majority,"  or  even  of  a  respectable  minority  "  of  a  dis 
trict." 

School  districts  must  be  composed  of  contiguous  territory  ;  and 
it  has  been  decided  that  when  a  person  is  set  off  from  one  district 
to  another,  and  there  are  lands  between  the  farm  so  set  off  an  d 
the  district  to  which  it  is  annexed,  such  intermediate  territory 
passes  to  the  latter. 

In  his  annual  report  to  the  legislature  for  the  year  1843,  the 
Superintendent,  (  Col.  YOUNG,  )  observes,  "  One  of  the  most 
formidable  obstacles  to  the  efficiency  of  our  common  schools  is 


149 

believed  to  be  the  uncessary  multiplication  and  subdivision  of 
districts.  In  those  portions  of  the  state  where  the  population  is 
scattered  over  a  large  extent  of  territory,  the  convenience  and  ac 
commodation  of  the  inhabitants,  require  the  formation  of  districts 
comprising  a  small  amount  of  taxable  property,  applicable  to  the 
support  of  schools  and  a  limited  number  of  children.  But 
where  an  opposite  state  of  things  exists,  the  interests  of  educa 
tion  will  be  most  effectually  promoted,  by  assigning  to  each  district 
the  greatest  extent  of  territory  compatible  with  securing  to  the 
children  the  requisite  facilities  for  their  regular  attendance  at  the 
schools." 

In  a  case  coming  before  him  on  appeal,  in  1835,  Gen.  Dix 
observes  in  reference  to  this  subject :  "  Almost  all  the  existing 
evils  of  the  common  school  system  have  their  origin  in  the  limited 
means  of  the  school  district.  The  tendency  is  to  subdivision  and 
to  a  contraction  of  their  territorial  boundaries.  This  consequence 
must  follow  in  some  degree  from  the  increase  of  population  ,  but 
the  subdivision  of  school  districts  tends  to  advance  in  a  much 
greater  ratio.  The  average  number  of  children  in  our  school  dis 
tricts  is  about  fifty-five.  No  school  district  should  number  less  than 
forty  children  between  [four  and  twenty-one  years]  of  age.  From 
the  observations  he  has  made,  the  Superintendent  deems  it  due  to 
the  common  school  system,  that  no  new  district  shall  be  formed 
with  a  much  smaller  number,  unless  peculiar  circumstances  render 
it  proper  to  make  it  an  exception  to  the  general  rule.  In  feeble 
districts,  cheap  instructors,  poor  and  ill  furnished  school-houses, 
and  a  general  languor  of  the  cause  of  education  are  almost  certain 
to  be  found."-—  Com.  School  Dec.  220. 

II.       APPORTIONMENT    AND    PAYMENT    OP    PUBLIC    MONEY. 

By  subdivisions  5,  6  and  7  of  §  8  of  the  school  act  (No.  33)  it 
is  made  the  duty  of  the  Town  Superintendents  "  To  apply  for  and 
receive  from  the  county  treasurer,  all  moneys  apportioned  for  the 
use  of  common  schools  in  their  town,  and  from  the  collector  of  the 
town,  all  moneys  raised  therein  for  the  same  purpose,  as  soon  ag 
such  moneys  shall  become  payable,  or  be  collected,  and  to  appor 
tion  the  school  moneys  received  by  them,  on  the  first  Tuesday  of 
April,  in  each  year,  among  the  several  school  districts,  parts  of 
districts,  and  neighborhoods  separately  set  off,  within  their  town, 
in  proportion  to  the  number  of  children  residing  in  each,  over  the 
age  of  four  and  under  that  of  twenty-one  years,  as  the  same  shall 
have  appeared  from  the  last  annual  reports  of  their  respective 
trustees.  If  they  shall  have  received  the  school  moneys  of  their 
town,  and  all  the  reports  from  the  several  school  districts  therein, 
before  the  first  Tuesday  in  April,  they  shall  apportion  such  moneys 
as  above  directed,  within  ten  days  after  receiving  all  of  the.  said 
reports  and  the  said  moneys."  The  practice  of  making  two  division* 
of  the  public  money  among  the  districts  in  the  course  of  the  year, 
is  contrary  to  the  express  provision  of  the  statute.  The  sixth 


150 

subdivision  of  section  8  (No.  33)  makes  it  the  duty  of  the  Town 
Superintendent  to  apportion  the  school  moneys  received  by  him  on 
the  first  Tuesday  of  April  in  each  year  ;  and  by  the  7th  subdivision 
ef  the  same  section,  if  he  have  received  reports  from  all  the  districts 
before  that  day,  he  is  to  divide  the  money  within  ten  days  after 
receiving  all  the  reports  and  the 'money. 

The  annual  reports  of  the  trustees  of  the  several  districts  are, 
as  will  be  seen  hereafter  under  the  appropriate  head  required  to 
be  made  and  transmitted  to  the  Town  Superintendent,  between 
the  first  and  fifteenth  of  January  in  each  year ;  and  the  public 
money  from  all  sources  is  payable  immediately  after  its  receipt  by 
the  county  treasurer  on  the  first  of  February.  If,  therefore,  the 
reports  of  the  respective  trustees  are  made  within  the  time  pres 
cribed  by  law,  ample  opportunity  will  be  afforded  to  the  Town 
Superintendent  to  point  out  all  errors  and  deficiencies  in  them, 
and  to  enable  the  trustees  either  to  make  the  necessary  corrections 
or  apply  to  the  department  for  relief,  before  the  apportionment  is 
finally  made.  In  making  the  apportionment,  the  Town  Superin 
tendent  is  first  to  assign  to  each  district,  from  which  the  necessary 
report  has  been  received,  or  which  is  entitled  to  share  in  the  appor 
tionment,  its  proportion  of  the  public  money  received  from  all 
sources,  according  to  the  number  of  children  between  the  ages  of 
four  and  twenty-one,  designating  the  respective  proportions  of 
teachers'  and  library  money  belonging  to  each  district.  The  pro 
portion  of  library  money  to  be  apportioned  to  each  district,  may  be 
ascertained  by  setting  apart  five  dollars  out  of  each  hundred  or 
jive  per  cent  of  the  whole  amount  apportioned  to  each  district.  The 
teachers'  money  is  to  be  paid  over  "on  the  written  order  of  a  majori 
ty  of  the  trustees  of  each  district,  to  the  teachers  entitled  to  receive 
the  same."  It  will  therefore  be  incumbent  on  the  Town  Super 
intendent  to  satisfy  himself,  both  of  the  genuineness  of  the  order 
and  that  the  person  presenting  it  has  the  certificate  of  the  trustees 
that  he  is  or  was  a  teacher  of  the  district,  and  duly  qualified  ac 
cording  to  law.  In  order  to  entitle  a  district  to  its  share  of  teach 
ers'  money,  it  must  appear  from  its  annual  report,  "  that  a  school 
had  been  kept  therein  for  at  least  six  months  during  the  year, 
ending  at  the  date  of  such  report,  by  a  qualified  teacher,"  after 
obtaining  a  certificate  of  competency  from  the  proper  authority  ; 
that  all  the  teachers'  money  received  during  the  year  has  been 
expended  in  the  payment  of  such  teacher ;  "  that  no  other  than 
«  duly  qualified  teacher  had  at  any  time  during  the  year  for  more 
than  one  month  been  employed  to  teach  the  school  in  said  district ;  " 
and  such  report  must,  in  all  other  respects,  be  in  accordance  with 
law,  and  the  requisitions  and  instructions  of  the  Superintendent, 
made  in  pursuance  of  law.  In  other  words,  it  must  be  in  the  form 
prescribed  by  the  Superintendent,  and  must  contain  all  the  inform 
ation  required  by  law  and  by  the  department  to  be  given. 

The  library  money  is  to  be  paid  over  to,  or  on  the  order  of,  a 
majority  of  the  trustees,  on  its  appearing  from  the  annual  report 


151 

that  "  the  library  money  received  at  the  last  preceding  apportion 
ment  was  duly  expended  according  to  law,  (in  the  purchase  of 
books  suitable  for  a  district  library,  or  in  the  purchase  of  maps, 
globes,  black-boards,  or  other  scientific  apparatus  for  the  use  of 
schools,  in  the  cases  and  in  the  mode  •  prescribed  by  law,  or  for 
teachers'  wages,  with  the  assent  of  the  state  superintendent,  on  or 
before  ike  first  day  of  October  subsequent  to  such  apportionment" 
The  report  must  uniformly  be  accompanied  with  a  catalogue  of 
the  books  or  apparatus  purchased  since  the  last  preceding  catalogue, 
and  must  state  accurately  the  number  of  volumes  and  their  con 
dition  ;  and  when  the  money  has  been  expended  in  the  purchase 
of  apparatus,  &c.,  or  for  teachers'  wages,  the  authority  under  which 
such  expenditure  has  been  made,  and  a  full  and  particular  inven 
tory  of  the  articles  purchased,  must  be  specifically  reported. 

By  chapter  257  of  the  Laws  of  1829,  in  those  counties  where 
the  distinction  between  town  and  county  poor  is  abolished,  the  in 
habitants  of  towns  having  any  funds  in  the  hands  of  their  over 
seers  of  the  poor,  may  appropriate  all  or  any  part  of  such  funds  to 
such  purposes  as  shall  be  determined  at  an  annual  or  special  town 
meeting.  If  appropriated  for  the  benefit  of  common  schools,  it  is 
made  a  fund  for  that  purpose,  and  is  placed  under  the  charge  of 
the  Town  Superintendent  of  common  schools  of  the  town.  The 
interest  is  to  be  applied  "  to  the  support  of  common  schools."  But 
the  town  may,  at  an  annual  meeting,  direct  the  whole  principal,  as 
well  as  the  interest,  to  be  applied  for  the  benefit  of  common  schools. 
[See  vol.  1,  2d  ed.  Rev.  Statutes,  page  351,  and  Com.  School  Dec., 


The  Town  Superintendent  will,  therefore,  be  bound  to  distribute 
the  interest,  and  the  principal  when  directed  by  the  town,  equally 
among  the  districts.  He  cannot  adopt  a  more  just  or  convenient 
ratio  than  that  established  by  the  existing  law  in  relation  to  the 
public  money  —  the  number  of  children  above  four  and  under  twenty 
one  years  of  age. 

The  purchase  of  district  libraries  would  not  be  an  application 
"  to  the  support  of  common  schools."  They  are  not  intended  for 
the  schools  exclusively,  or  particularly,  but  for  the  benefit  of  all  the 
inhabitants,  and  cannot  be  said  to  form  any  part  of  "  the  common 
schools."  No  part  of  the  interest  or  principal  of  this  town  fund, 
therefore,  can  be  distributed  as  "  library  mpney  ;"  the  whole  must 
be  apportioned  and  paid  over  as  school  money. 

There  are  laws  of  a  similar  character  respecting  the  gospel  and 
school  lots,  which  are  so  local  and  peculiar  as  not  to  justify  anj 
particular  observations  concerning  them  in  this  connection,  except 
that  none  of  these  funds  can  properly  be  applied  to  the  purchase 
of  books. 

In  apportioning  and  paying  the  money  in  their  hands  to  trustees 
of  school  districts,  the  Town  Superintendents  should  bear  in  mind 
that  the  "  teachers'  money"  and  the  "  library  money"  are  entirely 
independent  of  each  other.  The  report  of  the  trustees  of  school 
districts  may  entitle  them  to  their  "  teachers'  money,"  and  yet  they 


152 

may  not  have  complied  with  the  conditions  upon  which  they  are* 
authorized  to  receive  the  "library  money."  For  instance,  they 
may  not  have  expended  the  latter  in  the  purchase  of  books ;  and' 
yet  they  may  have  fully  complied  with  the  law  in  regard  to  their 
schools.  So  they  may  be  entitled  to  "  library  money"  and  yet  not 
have  had  a  school  kept  six  months  by  a  qua  ified  teacher.  In  all 
such  cases  (he  money  appropriated  to  the  different  objects,  teachers 
or  library,  is  to  be  distributed  upon  the  reports  relating  to  those  ob 
jects  only. 

By  §  15  of  the  act  of  1841,  (No.  147,)  Town  Superintendents 
are  required  to  apportion  and  pay  to  the  trustees  of  colored  schools 
established  in  their  town,  according  to  the  provisions  of  that  sec 
tion,  a  portion  of  the  public  money,  according  to  the  number  of 
colored  children  between  the  ages  of  four  and  twenty-one  years, 
appearing  by  the  reports  of  the  trustees  to  have  been  instructed  in 
such  schools  for  at  least  four  months  during  the  preceding  year  by 
a  licensed  teacher,  and  to  deduct  the  amount  so  apportioned  from 
the  shares  of  the  districts  from  which  such  children  have  respect 
ively  attended. 

In  all  cases  where  the  annual  report  of  the  trustees  of  a  district 
shall  not  be  found  in  substantial  accordance  with  the  law,  or  the 
forms  or  instructions  prescribed  by  the  Superintendent,  it  is  the 
duty  of  the  Town  Superintendent  to  withhold  from  such  district 
the  share  of  teachers'  or  library  money  to  which  it  would  olher- 
wise  have  been  entitled  ;  to  direct  the  defaulting  trustees  to  make 
immediate  application  to  the  department,  setting  forth  under  oath 
any  excuse  they  may  have  for  omitting  to  comply  with  the' requi 
sitions  of  law  ;  and  to  retain  the  amount  apportioned  to  such  dis 
trict  and  so  withheld,  to  await  the  directions  of  the  department  in 
reference  to  its  disposition.  In  case  no  directions  are  received, 
prior  to  the  next  succeeding  apportionment,  the  Town  Superinten 
dent  is  to  add  the  amount  so  retained  to  the  fund  for  distribution 
the  ensuing  year. 

By  the  second  section  of  the  act  of  1841,  (No.  39,)  it  is  provi 
ded  that  "  whenever  an  apportionment  of  the  public  money  shall 
not  be  made  to  any  school  district,  hi  consequence  of  any  accident 
al  omission  to  make  any  report  required  by  law,  or  to  comply  with 
any  other  provision  of  law,  or  any  regulation,  the  Superintendent 
of  Common  Schools  may  direct  an  apportionment  to  be  made  to 
such  district,  according  to  the  equitable  circumstances  of  the  case, 
to  be  paid  out  of  the  public  money  on  hand ;  or  if  the  same  shall 
have  been  distributed,  out  of  the  public  money  to  be  received  in  a 
gucceeding  year."  And  by  the  sixth  section  of  chap.  177,  Laws 
of  1839,  (No.  161,)  whenever  any  library  money  shall  be  with 
held  from  any  school  district,  the  same  may  be  distributed  among 
other  districts  complying  with  such  conditions,  or  may  be  retained 
and  paid  subsequently  to  the  district  from  which  the  same  was  with 
held,  as  shall  be  directed  by  the  Superintendent  of  common  schools* 
according  to  the  circumstances  of  the  case* 
'  :  : 


153 

By  §§  17  and  18  (No.'s  42  and  43)  of  the  school  act,  "  All  mon 
eys  apportioned  by  the  Town  Superintendent  to  the  trustees  of  a 
district,  part  of  a  district  or  separate  neighborhood,  which  shall 
have  remained  in  the  hands  of  such  Superintendent  for  one  year 
after  such  apportionment,  by  reason  of  the  trustees  neglecting  or 
refusing  to  receive  the  same,  shall  be  added  to  the  moneys  next 
thereafter  to  be  apportioned,  and  shall  be  apportioned  and  paid 
therewith  in  the  same  manner  ;  aud  in  case  any  school  moneys  re 
ceived  by  the  Town  Superintendent  cannot  be  apportioned  by  him 
for  the  term  of  two  years  after  the  same  are  received,  by  reason  of 
the  non-compliance  of  all  the  school  districts  in  the  town  with  the 
provisions  of  this  title,  such  moneys  shall  be  returned  by  him  to 
the  county  treasurer,  to  be  by  him  apportioned  and  distributed,  to 
gether  and  in  the  same  manner  with  the  moneys  next  thereafter  to 
be  received  by  him  for  the  use  of  common  schools." 

If  the  Town  Superintendent  knows,  or  has  good  reason  to  be 
lieve,  any  district  report  to  be  erroneous  or  false,  he  may  withhold 
the  public  money  from  the  district,  and  submit  the  facts  to  the  Su 
perintendent. 

If,  after  the  time  when  the  annual  reports  are  required  to  be  da 
ted,  and  before  the  apportionment  of  the  school  moneys  shall  have 
been  made  by  the  Town  Superintendent,  a  district  shall  be  duly 
altered,  or  a  new  district  be  formed  in  the  town,  so  as  to  render  an 
apportionment  founded  solely  on  the  annual  reports  unjust,  as  be 
tween  two  or  more  district  of  the  town,  the  Town  Superintendent 
is  required  by  §  15  (No»  40)  of  the  school  act,  to  make  an  appor 
tionment  among  such  districts,  according  to  the  number  of  children 
in  each,  over  the  ages  of  four  and  under  twenty-one  years,  ascer 
taining  that  number  by  the  best  evidence  in  his  power  ;  and  by 
the  first  section  of  chap.  206  of  the  Laws  of  1831,  §  16  (No.  41) 
the  same  provision  is  extended  to  all  eases  where  a  school  district 
shall  have  been  formed  at  such  time  previous  to  the  first  day  of 
January,  as  not  to  have  allowed  a  reasonable  time  to  have  kept  a 
school  therein  for  the  term  of  six  months,  such  district  having  been 
formed  out  of  a  district  or  districts  in  which  a  school  shall  have 
been  kept  for  six  mouths,  by  a  teacher  duly  qualified,  during  the 
year  preceding  the  first  day  of  January. 

The  apportionment  of  public  money  by  the  Town  Superintend 
ent  can  in  no  case  be  made  prior  to  the  first  Tuesday  in  April, 
except  where  reports  from  all  the  districts  and  parts  of  districts  in 
the  town,  and  all  the  public  moneys,  have  been  received  before 
that  time  ;  but  under  certain  circumstances  it  may  be  made  subse 
quently.  The  specification  of  time  in  the  statute  is  not  intended 
to  limit  the  exercise  of  the  authority  of  the  Town  Superintendent 
in  this  respect,  but  may  be  regarded  as  directory  merely  ;  and  it 
has  accordingly  been  held  that  if  for  any  justifiable  cause  the  ap 
portionment  is  not  made  or  completed  on  the  day  specified,  it  may 
be  made  at  a  subsequent  period. 

-V»  1  :;*-.i>«  «.i! 


154 

In  all  cases  where  school  districts  have  complied  substantially 
with  the  law,  the  trustees  may  be  allowed  to  correct  their  reports, 
as  to  mere  matter  of  form,  at  any  time  before  the  money  is  actu 
ally  apportioned  and  paid.  A  district  ought  not  to  lose  its  money 
in  consequence  of  a  misconception  of  the  law,  or  a  mere  clerical 
error  on  the  part  of  some  of  its  officers.  The  Town  Superintend 
ent  should  consider  himself  the  guardian  of  tke  equitable  rights  of 
the  districts,  and  when  he  discovers  an  error  as  to  form,  which,  if 
not  corrected,  would  deprive  a  district  of  its  just  share  of  public 
money,  he  should  point  it  out  to  the  trustees,  to  the  end  that  it  may 
be  corrected,  and  the  fair  rights  of  the  district  secured. — Per  FLAGG 
and  Dix,  Sup'ts.  Com.  School  Dec.  36,  181. 

By  a  regulation  of  the  Superintendent  of  Common  Schools  made 
in  pursuance  of  law,  Town  Superintendents  are  prohibited  from 
paying  over  the  share  of  library  money  apportioned  to  any  district 
in  the  following  cases  : 

1st.  Where  a  catalogue  of  the  title  of  all  the  books  in  the  dis 
trict  library,  purchased  or  obtained  since  the  last  preceding  cata 
logue,  with  the  number  of  volumes  of  each  set  or  series,  and  the 
condition  of  such  books,  signed  by  the  trustees  and  librarian,  has 
not  been  delivered. 

2d.  Where  the  number  of  books  belonging  to  the  library  is  not 
stated  in  the  annual  report  of  the  trustees. 

3d.  Where  it  does  not  clearly  appear  from  such  report  that  the 
whole  of  the  library  money  paid  to  such  district  the  preceding  year 
has  been  expended  within  the  time  and  in  the  mode  prescribed  by 
law  ;  and  if  for  the  purchase  of  maps,  globes  or  other  school  appa 
ratus,  or  for  teachers'  wages,  for  what  particular  articles,  and  un 
der  what  authority  or  resolution  of  the  district. 

4th.  Whenever  it  appears  that  any  portion  of  the  library  mo 
ney  of  the  preceding  year  has  been  expended  in  the  purchase  of 
any  text  book  or  any  book  clearly  improper  to  be  admitted  into  a 
district  library.  In  cases  where  there  may  be  room  for  an  honest 
difference  of  opinion  as  to  the  admissibility  of  any  book  or  books, 
purchased  by  the  trustees,  the  Town  Superintendent  should  in 
clude  the  district  in  the  apportionment  of  library  money,  and 
refer  the  inhabitants  aggrieved  by  such  selection  to  their  remedy 
by  appeal. 

III.       THE    INSPECTION    AND    LICENSING    OP   TEACHERS,    AND    THK 
VISITATION    AND    SUPERVISION    OF    SCHOOLS. 

The  Town  Superintendent  is,  by  virtue  of  his  office,  inspector 
of  common  schools  of  his  town  ;  and  it  is  his  duty  "  to  examine  all 
persons  offering  themselves  as  candidates  for  teaching  common 
schools  in  such  town."  In  making  such  examination  it  is  his  duty 
"to  ascertain  the  qualifications  of  the  candidate  in  respect  to  moral 
character,  learning  and  ability."  If  he  "  shall  be  satisfied  in  respect 
to  the  qualifications  of  the  candidate,  he  shall  deliver  to  the  per- 


155 

son  so  examined  a  certificate  signed  by  him,  in  such  form  as  shall 
be  prescribed  by  the  Superintendent  of  Common  Schools." 

He  may  annul  any  such  certificate  given  by  him  or  his  prede 
cessor  in  office,  when  he  shall  think  proper,  giving  at  least  ten 
days'  previous  notice  in  writing  to  the  teacher  holding  it,  and  to 
the  trustees  of  the  districts  in  which  he  may  be  employed,  of  his 
intention  to  annul  the  same. 

Whenever  he  shall  deem  it  necessary,  he  may  require  a  re-ex* 
animation  of  all  or  anv  of  the  teachers  in  his  town,  (not  holding 
State  or  county  certificates  or  the  diplomas  of  the  State  Normal 
School,)  for  the  purpose  of  ascertaining  their  qualifications  to  con 
tinue  as  such  teachers.  The  annulling  of  a  certificate  does  not, 
however,  disqualify  the  teacher  to  whom  it  was  given,  until  a  note 
in  writing  thereof,  containing  the  name  of  the  teacher,  and  the 
time  when  his  certificate  was  annulled,  shall  be  made  by  the  Town 
Superintendent  and  filed  in  the  office  of  the  clerk  of  the  town. 

Where  any  school  district  is  composed  of  a  part  of  two  or  more 
towns,  or  any  school-house  shall  stand  on  the  division  line  of  any 
two  towns,  the  Town  Superintendent  of  either  town  may  examine 
into  and  certify  the  qualifications  of  any  teacher  offering  to  teach 
in  such  district,  and  may  also  in  the  same  manner  annul  the  certi 
ficate  of  such  teacher. — §  33 — 40,  (Nos.  59 — 66)  school  act. 

The  duties  and  powers  thus  confided  to  the  Town  Superintendent 
are  most  important  and  involve  great  responsibility ;  and  upon 
their  proper  fulfilment,  depends  in  a  very  essential  degree,  the 
elevation  and  improvement  of  the  district  schools.  If  none  but 
properly  qualified  teachers  are  permitted  to  find  their  way  to  our 
schools  ;  if  the  certificate  of  the  examining  officer,  and  the  sanc 
tion  of  his  authority,  are  given  only  to  those  who  are  intellectually 
and  morally  fitted  adequately  to  discharge  the  duties  of  instructors 
of  youth,  "  apt  to  teach,"  competent  to  communicate  instruction 
in  the  mode  best  adapted  to  develop  the  various  faculties  of  the 
expanding  mind,  patterns  alike  of  moral  and  social  excellence ; 
these  elementary  institutions  will  speedily  become  the  fitting  tem 
ples  of  science,  the  nurseries  of  virtue  and  the  pride  and  boast  of  the 
state.  Hitherto  this  duty  has  been  deplorably  neglected  ;  and  the  dis 
astrous  conseqences  are  every  where  visible  in  the  degradation  of 
the  district  school,  the  substitute  of  private  and  select  schools  of 
every  grade,  the  low  estimation  in  which  the  profession  of  the 
teacher  is  held,  and  the  miserable  pittance — too  often  most  costly 
in  its  utmost  scantiness — which  is  reluctantly  doled  out  to  the 
needy  and  destitute  adventurer.  A  thorough  reform  in  this  respect 
is  imperatively  demanded  as  well  by  public  sentiment,  as  by  a 
just  regard  to  the  paramount  interests  of  education  ;  and  no  con 
sideration  of  temporary  convenience  to  a  particular  district,  of 
favor  to  individuals,  or  of  regard  to  the  prejudices  or  preferences 
of  inhabitants  or  trustees,  will,  it  is  hoped  hereafter  be  permitted 
in  any  case  to  sway  the  action  of  the  certifying  officer,  or  incline 
him,  either  to  the  right  or  the  left,  from  the  plain  path  of  duty  and 


156 

obligation.  A  certificate  should  in  no  case,  and  under  no  circum 
stances,  be  granted,  unless  the  candidate  is  found  upon  a  careful 
examination,  well  qualified  to  instruct  in  all  the  ordinary  branches 
usually  taught  in  common  schools — thoroughly  versed  in  the  prin 
ciples  of  elementary  science — capable  of  readily  applying  them  to 
any  given  case,  and  able  to  communicate  with  facility,  the  results 
of  his  knowledge  ;  and  unless  in  addition  to  this,  his  character  and 
demeanor  are  irreproachable,  his  habits  exemplary,  and  his  moral 
principles  undoubted.  In  order  as  well  to  be  assured  that  the 
impressions  resulting  from  the  examination  were  well  founded,  as 
to  make  himself  acquainted  with  the  condition  and  prospects  of 
the  schools,  the  Town  Superintendent  should,  once  at  least  during 
each  term,  visit  and  inspect  the  schools  ;  and  whenever  practicable, 
should  be  accompanied  by  the  trustees  of  the  districts  and  such  of 
the  inhabitants  as  may  be  prevailed  upon  to  attend.  To  afford 
every  reasonable  accommodation  to  those  teachers  desiring  to 
offer  themselves  as  candidates  for  examination,  Town  Superin 
tendents  should  appoint  a  particular  day  and  place  in  the  town, 
and  when  the  town  is  very  large,  in  different  sections  of  it,  when 
they  will  be  in  readiness  to  examine  teachers.  Public  notice  of 
such  appointment  should  be  given.  It  is  probable  that  this  will 
bring  together  several  applicants,  and  thus  diminish  the  labors  of 
the  superintendent,  particularly  as  this  course  will  obviate 
the  necessity  of  special  examinations,  as  well  as  prevent  the  neces 
sity  of  a  re-examination  during  the  year.  In  making  such  ex 
aminations,  they  should  confine  themselves  to  the  subjects  specified 
in  the  statute  §  35,  (No.  61,)  and  should  ascertain  the  qualifications 
of  the  candidates  in  respect,  1st,  to  moral  character  ;  2d,  learning  ; 
and  third  ability. 

FIRST. — They  should  require  testimonials  of  moral  character, 
from  those  acquainted  with  the  applicant,  which  is  to  be  either 
verbal  or  written,  arid  the  latter  is  to  be  preferred.  This  is  not  a 
matter  to  be  neglected  or  slighted.  Those  to  whom  the  training  of 
our  youth  is  to  be  committed,  should  possess  such  a  character  as 
will  inspire  confidence  in  the  rectitude  of  their  principles  and  the 
propriety  of  their  conduct;  and  it  is  to  be  understood  as  a  positive 
regulation  of  this  department,  that  no  license  is  to  be  granted, 
without  entire  satisfaction  on  this  point.  This  must  be  understood 
to  relate  to  moral  character — to  the  reputation  of  the  applicants 
as  good  citizens,  free  from  the  reproach  of  crime  or  immoral  con 
duct.  It  does  not  extend  to  their  belief,  religious  or  political  : 
but  it  may  apply  to  their  manner  of  expressing  such  belief  or 
maintaining  it.  If  that  manner  is,  in  itself,  boisterous  and  disorder 
ly,  intemperate  and  offensive,  it  may  well  be  supposed  to  indicate 
ungoverned  passions,  or  want  of  sound  principles  of  conduct,  which 
would  render  its  possessor  obnoxious  to  the  inhabitants  of  the  dis 
trict,  and  unfit  for  the  sacred  duties  of  a  teacher  of  youth,  who 
•hould  instruct  as  well  by  example  as  by  precept. 


157 

SECOND. — As  to  the  learning  of  the  applicants.  It  should  ap 
pear  from  their  examination  that  they  are  good  spellers,  distinct 
and  accurate  readers,  write  good  and  plain  hands,  can  make  pens 
and  are  well  versed, 

1st.     In  the  definition  of  words  : 

2d.     In  arithmetic,  menta  and  written  : 

3d.  In  geography,  as  far  as  contained  in  any  of  the  works  in 
ordinary  use. 

4th.  In  the  history  of  the  United  States,  of  England,  and  of  Eu 
rope  generally  : 

oth.  In  the  principles  of  English  grammar  :  and, 

6th.  In  the  use  of  globes. 

If  they  are  found  well  acquainted  with  the  other  branches,  a 
more  slight  knowledge  of  the  4th  and  6th  heads,  as  above  enumer 
ated,  may  be  excused. 

THIRD. — The  ability  of  the  applicants  to  teach.  Mere  learning 
without  the  capacity  to  impart  it,  would  be  of  no  use.  The  super 
intendents  should  satisfy  themselves  by  general  inquiries,  and  par 
ticularly  by  a  thorough  investigation  of  the  applicants  respectively, 
of  their  qualifications  in  this  respect,  of  their  tact  in  dealing  with 
children,  and  especially  of  their  possessing  the  unwearied  patience 
and  invariable  good  nature,  so  necessary  to  constitute  useful  teach 
ers  of  youth. 

Having  satisfied  themselves  on  these  several  points,  the  town 
superintendents  will  grant  certificates  in  the  usual  form. 

The  certificates  of  qualification  granted  by  Town  Superintend 
ents  are  to  be  in  the  form  prescribed  by  the  State  Superintendent; 
to  remain  in  force  for  one  year  only;  are  available  only  within  the 
town  for  which  they  were  granted,  arid  may  be  annulled  at  any 
time  by  the  officer  granting  them,  or  his  successor,  giving  ten  days 
notice  in  writing  of  intention  to  annul  the  same,  to  the  teacher  and 
trustees. 

By  §  41  and  §42  of  the  school  act,  (Nos.  67,  68,)  it  is  made  the 
duty  of  the  Town  Superintendent  to  visit  all  such  common  school?? 
within  his  town,  as  shall  be  organized  according  to  law,  at  least 
twice  a  year,  and  oftener  if  he  shall  deem  it  necessary.  At  such 
visitations,  he  is  required  to  examine  into  the  state  and  condition  of 
such  schools,  both  as  respects  the  progress  of  the  scholars  in  learn 
ing,  and  the  good  order  of  the  schools,  and  may  give  his  advice 
and  direction  to  the  trustees  and  teachers  of  such  schools,  as  to 
the  government  thereof,  and  the  course  of  studies  to  be  pursued 
therein. 

"  If  the  opinions  of  the  best  and  most  experienced  writers  on 
primary  education  are  not  entirely  fallacious,  and  if  all  the  result?: 
of  experience  hitherto  are  not  deceptive,  the  consequences  of  such 
a  vigorous  system  of  inspection  will  be  most  happy.  The  teachers 
and  pupils  will  feel  that  they  are  not  abandoned  to  neglect ;  the 
apprehension  of  discredit  will  stimulate  them  to  the  greatest  effort ; 
while  the  suggestions  of  the  visitors  will  tend  constantly  to  the  im- 


158 

provement  of  the  schools,  and  they  will  themselves  be  more  and 
more  enabled  to  recommend  proper  measures,  from  their  better 
acquaintance  with  the  subject." — Instructions  of  Spencer,  tiup't, 
1841. 

A  certificate  cannot  be  annulled  by  the  Town  Superintendent 
until  ten  days'  previous  notice  in  writing  has  been  given  to  the 
teacher  and  to  the  trustees  of  the  district  in  which  he  has  been  em 
ployed,  of  the  intention  to  annul  the  same.  As  the  complaint  must 
necessarily  be  stated,  and  its  truth  investigated,  before  any  deci 
sion,  it  would  be  more  convenient  to  the  Town  Superintendent, 
and  more  fair  and  just  to  the  teacher,  to  apprise  him  of  its  nature 
in  the  notice  of  intention  to  annul. 

Certificates  of  qualification  granted  by  Town  Superintendents  to 
teachers  must,  in  all  cases,  be  in  conformity  to  the  form  prescribed 
by  the  Superintendent  of  Common  Schools.  They  cannot  be 
granted  upon  the  ground  of  ability  to  teach  a  particular  school,  for 
a  particular  term,  or  in  a  particular  district.  When  granted  in 
the  form  prescribed  by  the  Superintendent,  they  authorize  the  hold 
er  to  teach  any  school  in  the  town  for  which  they  were  granted, 
during  any  part  of  the  year  commencing  at  their  date. 

The  examination  of  candidates  for  teachers  should  in  all  cases 
be  thorough  and  strict,  and  no  certificate  should  be  granted  unless 
the  examining  officer  is  satisfied  as  to  all  the  qualifications  required 
by  law.  "  A  certificate  of  qualification  in  any  other  form  than  that 
prescribed  by  the  Superintendent  is  not  a  compliance  with  the  stat 
ute  ;  as  for  instance,  that  A.  B.  gave  the  examining  officer  good 
satisfaction  in  certain  enumerated  branches,  and  that  his  moral 
character  is  good.  The  law  authorizes  him  to  give  a  certificate  in 
a  certain  event,  and  then  it  must  be  in  the  form  specified.  If  he  is 
satisfied  as  to  the  qualifications  of  the  teacher  in  respect  to  moral 
character,  learning  and  ability,  he  is  bound  to  give  him  such  a  cer 
tificate  as  the  Superintendent  shall  have  prescribed.  If  he  is  not 
satisfied  he  should  give  him  no  certificate  all.  He  is  wholly  unau 
thorized  to  take  a  middle  course  by  giving  a  qualified  certificate" 
—Per  Dix,  Sup't.  Com.  School  Dec.  236. 

The  certificate  must  also  bear  date  on  the  day  of  examination? 
and  cannot  be  ante-da'ed. 

In  cases  where  a  school  district  is  composed  of  parts  of  two 
or  more  towns,  the  Town  Superintendent  of  the  town  in  ivhich 
the  school  house  is  situated,  is  exclusively  authorized  by  Sec.  40, 
(No.  66,)  to  examine  into  arid  certify  the  qualifications  of  any 
teacher  offering  to  teach  in  such  joint  district,  and  for  sufficien  t 
causes  to  annul  the  certificate  of  such  teacher.  His  jurisdiction 
in  this  respect  cannot  in  any  manner,  or  under  any  pretence,  be 
interfered  with  by  the  superintendents  of  either  of  the  other 
towns  from  which  such  joint  district  is  partly  composed. 


159 

The  qualifications  of 'teachers  are  left  to  the  discrimination  and 
judgment  of  the  legal  examiners.  They  must  determine  the  de 
gree  of  learning  and  ability  necessary  for  a  teacher.  They  ought 
to  be  satisfied  that  a  certificate  is  given  to  those  only  whose  learn 
ing  and  ability  fit  them  in  all  respects  to  instruct  common  schools. 
In  revising  the  school  law,  the  revisers  inserted  a  provision  that 
no  candidate  for  teaching  should  be  deemed  qualified,  unless  upon 
examination  he  should  appear  to  be  well  instructed  in  reading, 
orthography,  penmanship,  English  grammer,  geography  and 
arithmetic,  including  vulgar  and  decimal  fractions."  This  pro 
vision,  however,  was  stricken  out  by  the  legislature,  and  the  whole 
matter  is  left  discretionary. —  Com.  School  Dec.  42. 

In  judging  of  the  moral  character  of  a  candidate  for  teacher,  if 
the  examining  officer  knows  of  any  serious  imputation  or  defect  of 
principle,  it  is  his  duty  to  refuse  to  certify.  A  certificate  may  be 
annulled  for  immoral  habits  generally,  notwithstanding  the  teach 
er  may  perform  all  his  duties  during  school  hours. — Id.  46. 

In  relation  to  the  moral  character  of  the  teacher,  much  is  left 
to  the  discretion  of  the  examining  officer.  He  must  be  satisfied 
that  it  is  good  because  he  has  to  certify  to  its  correctness.  On 
this  point  what  would  be  satisfactory  to  one  man  might  be  unsatis 
factory  to  another.  Every  person  has  a  right  to  the  enjoyment  of 
his  own  religious  belief  without  molestation  :  arid  the  examining 
officer  should  content  himself  with  inquiries  as  to  the  moral  charac 
ter  of  the  teacher,  leaving  him  to  the  same  liberal  enjoyment  of  his 
religious  belief  that  he  asks  for  himself.  If,  however,  a  person 
openly  derides  all  religion,  he  ought  not  to  be  a  teacher  of  youth. 
The  employment  of  such  a  person  would  be  considered  a  grievance 
by  a  great  portion  of  the  inhabitants  of  all  the  districts. — Per 
F~AGG,  Sup't.  Id.  60. 

Neither  the  trustees  nor  the  inhabitants  of  school  districts  are 
the  judges  of  the  qualifications  of  teachers.  The  law  has  con 
fided  the  power  of  examining  teachers  to  the  officers  expressly 
designated  for  that  purpose ;  and  its  object  was  to  secure  the  em 
ployment  of  competent  persons.  If  the  trustees  or  inhabitants  are 
to  determine  what  their  district  require,  and  the  certifying  officers 
are  to  be  governed  by  their  opinions  and  wishes,  the  officers  them 
selves  might  as  well  be  dispensed  with.  In  his  annual  report  to 
the  legislature  for  the  year  1835,  the  Superintendent  of  Common 
Schools  (Gen.  Dix)  observes:  "One  of  the  most  responsible  and 
delicate  trusts  to  be  executed  under  the  common  school  system  is 
that  of  inspecting  teachers  and  pronouncing  upon  their  qualifica 
tions.  If  this  is  negligently  conducted  or  with  a  willingness  to 
overlook  deficiencies,  instead  of  insisting  rigidly  upon  the  require 
ments  of  the  law,  it  is  manifest  that  men  without  the  necessary 
moral  character,  learning  or  ability,  will  gain  a  foothold  in  the 
common  schools,  and  present  a  serious  obstacle  to  the  improve 
ments  of  which  they  are  susceptible.  This  would  be  an  evil  of 
the  greatest  magnitude,  and  there  is  no  remedy  for  it  but  a  strict 


160 

inspection  of  the  candidates.  It  has  been  the  practice  in  some 
instances  for  the  inspectors  to  have  a  reference  to  the  particular 
circumstances  of  the  cases  in  giving  a  certificate.  Thus  they  have 
sometimes  given  an  individual  a  certificate  with  a  view  to  a 
summer  school,  in  which  the  children  taught  are  usually  smaller 
and  require  less  of  the  teacher,  when  the  certificate  would  have 
been  withheld,  if  it  was  asked  with  a  view  to  qualify  the  teacher 
for  a  winter  school.  But  it  is  obvious  that  such  a  distinction  is 
wholly  inadmissible.  A  certificate  must  be  unconditional,  by  the 
terms  of  the  law.  The  inspectors  must  be  satisfied  with  the 
qualifications  of  the  teacher  "  in  respect  to  moral  character,  learn 
ing  and  ability  ;"  and  the  certificate  when  once  given  is  an  abso 
lute  warrant  for  the  individual  to  teach  for  a  year,  and  to  receive 
the  public  money,  unless  revoked  before  the  expiration  of  the  year, 
in  which  case  it  ceases  to  be  operative  from  the  date  of  its  revo 
cation.  The  standard  of  qualification  for  teachers,  so  far  as  grant 
ing  certificates  is  concerned,  is  of  necessity,  arbitrary.  The  law 
does  not  prescribe  the  degree  of  learning  or  ability  which  a  teach 
er  shall  possess,  but  virtually  refers  the  decision  of  this  important 
matter  to  the  inspectors,  who  have  not,  neither  should  they  possess 
the  power  of  relaxing  the  general  rule  with  reference  to  the  cir 
cumstances  of  any  particular  case,  by  departing  from  the  standard 
of  qualification  which  they  assume  as  their  guide  in  others." — 
Id,  32G. 

1 .  The  act  does  not  require  the  superintendents  to  notify  the 
trustees  of  their  visits  and  invite  their  attendance.  The  superin 
tendents  should,  however,  give  notice  to  the  trustees  of  the  districts, 
of  the  time  when  their  schools  will  be  visited.  To  enable  them  to 
comply  with  these  provisions,  they  should  make  a  previous  ar 
rangement  of  their  visits,  in  reference  to  the  means  of  traveling,  so 
as  to  reach  as  many  districts  as  possible  in  the  shortest  time.  Hav 
ing  fixed  the  time  for  visiting  the  schools,  they  should  at  once  give 
ample  notice,  by  transmitting  a  copy  of  their  arrangement  to  the 
trustees  of  the  districts  embraced  within  it,  and  request  them  to  at 
tend. 

The  inhabitants  of  the  district,  and  particularly  parents  who 
have  children  attending  the  school,  should  be  invited  to  be  present 
at  the  inspection  by  the  superintendent  ;  and  trustees  of  districts 
are  hereby  required,  whenever  they  receive  information  of  an  in 
tended  visit,  to  communicate  it  as  generally  as  possible  to  the  in 
habitants.  Their  attendance  will  afford  an  opportunity  for  the 
public  addresses  of  the  superintendents,  herein  suggested. 

2.  Examination  of  the  School. — Preparatory  to  this,  the  super 
intendent  should  ascertain  from  the  teacher  the  number  of  classes  ; 
the  studies  pursued  by  each  ;  the  routine  of  the  school  ;  the  suc 
cessive  exercises  of  each  class  during  each  hour  of  the  day  ;  the 
play  spells  allowed,  &c.,  and  thus  obtain  a  general  knowledge  of 
the  school,  which  will  be  found  greatly  to  facilitate  his  subsequent 
duties.  Every  superintendent  is  enjoined  to  call  for  and  examine 


161 

the  list  of  scholars  in  the  book  which  the  Statute  requires  the 
teacher  to  keep,  in  order  that  he  may  see  whether  the  names  are 
correctly  and  neatly  entered.  He  will  also  examine  the.  day  roll 
and  the  weekly  roll,  which  by  the  the  succeding  regulations,  teach 
ers  are  directed  to  preserve,  and  will  ascertain  by  the  proper  en 
quiries,  whether  they  are  exact  in  entering  all  who  are  present. 

The  superintendent  will  then  hear  each  class  recite  the  ordinary 
lesson  of  the  day.  It  will  then  be  examined  on  the  subjects  of 
study.  Generally  it  will  be  better  to  allow  the  teacher  to  conduct 
the  exercises  and  examinations,  as  the  pupils  will  be  less  likely  to 
be  intimidated,  and  an  opportunity  will  be  given  of  judging  of  the 
qualifications  of  the  instructors. 

To  enable  him  to»  compare  the  school  with  itself  at  another  time, 
and  with  other  schools,  and  to  comply  with  the  regulations  here 
inafter  contained,  respecting  the  annual  reports,  the  superintendent 
should  keep  notes  of  his  observations,  and  of  the  information  he  ob 
tains  on  all  the  subjects  on  which  he  is  required  to  report;  and  he 
should  particularly  note  any  peculiarities  which  seem  to  require 
notice,  in  the  mode  of  instruction,  in  the  government  and  discipline 
of  the  school,  and  the  appearance  of  the  pupils,  in  respect  to  their 
cleanliness  of  person  and  neatness  of  apparel. 

3.  The  superintendent  will  also  examine    the  condition  of  the 
school  house  and  its  appurtenances ;  whether   the  room  has  the 
means  of  ventilation,  by   lowering   an  upper  sash,  or   otherwise ; 
whether  it  is  sufficiently  tight  to  protect  the  children  from  currents 
of  air,  and  to  keep  them  warm  in  winter ;  whether  there  is  a  sup 
ply  of  good  water  ;  the  condition  of  the  privies,  and  whether  they 
are  provided  for  both  sexes  ;  and  the  accommodations  for  physical 
exercise.     Their  attention  will    be  given  to  the   arrangement   of 
the   school    room ;  whether  the  seats  and  desks  are   placed  most 
conveniently  for  the  pupils  and  teachers,  and  particularly  whether 
backs  are  provided  for  the  seats,  a  circumstance  very  important  to 
the  comfort  and  health  of  the  children.     They  should  also  inquire 
whether  blackboards  and  alphabetical  cards,  <fr  any   apparatus   to 
assist  learners  are  furnished. 

The  preceding  topics  of  inquiry  are  suggested,  rather  as  hints  of 
the  most  important,  than  intended  to  embrace  the  whole  field.  The 
judgment  and  observation  of  the  superintendents  will  discover 
many  other  subjects  deserving  their  attention. 

4.  The  superintendents  will  also  inquire  into  the  condition  of 
the  district,  in  relation  to  its  ability  to  maintain  a  school ;  whether 
its  interest  and  the  convenience  of  its  inhabitants  can  be  promoted 
by  any  alterations,  without  injury  to  others  ;  and  they  will  suggest 
whatever  occurs  to  them,  to  the  trustees. 

In  case  of  any  gross  deficiency  or  inconvenience,  which  the  pro 
per  officers  refuse  or  decline  to  remedy,  the  superintendents  will 
note  it  in  their  annual  reports  to  the  county  clerks. 

11 


162 

5.  They  will  also  examine  the  district  library,  and  obtain  the 
information  respecting  it,  hereinafter  required  to  be  stated  in 
their  reports. 

Advising  and  consulting  with  the  trustees  and  other  officers  of  school 

districts. 

This  is  made  a  special  duty  of  the  town  superintendents  by  these 
instructions ;  they  are  to  advise  the  trustees  and  other  officers  in 
relation  to  all  their  duties,  and  to  recommend  to  them  and  the 
teachers  the  proper  studies,  discipline,  and  conduct  of  the  school, 
the  course  of  instruction  to  be  pursued,  and  the  elementary  books 
to  be  used.  The  notes  which  the  superintendents  make  during 
their  inspection  of  the  school,  will  much  facilitate  the  discharge  of 
this  portion  of  their  duty. 

1.  In  regard  to  proper  studies.     If  they  find  any  important  one 
omitted,  or  that  pupils  are  hastened  on  without  thoroughly  under 
standing  the  preliminary  or  previous  branches,  they  should  point 
out  the  error  and  its   consequences.     For :<  instance,  they  should 
urge  the  absolute  necessity  of  children   being  thoroughly  and  fre 
quently  exercised  in  spelling,  so  that  they  make  no  mistakes  in  any 
words  in  common   use.     Without  this  it  is  impossible  for  them  to 
be  good  readers.     And  in  the  exercise  of  reading,  they  should  in 
sist  on  clear  and  district  articulation,  more  than  any  other  quality : 
and  generally  the  ability  of  the  superintendent  is  relied  upon  to 
detect  bad  habits  in  the  manner  of  reciting,  erroneous  ideas  on  the 
subject  and  superficial  acquirements. 

2.  The  discipline  and  conduct  of  the  school.     It  can  scarcely  be 
necessary  to  remark  on  the  importance  of  order  and  system  in  the 
schools,  not  only  to  enable  the  pupils  to  learn  anything,  but  to  give 
them   those  habits  of  regularity   so  essential  in  the  formation  of 
character.     Punctuality  of  attendance,  as  well  as  its  steady  contin 
uance  should  be  enforced.     Parents  should  be  told  how  much  their 
children  lose,  to  what  inconvenience  they  expose  the  teacher,  and 
what  disorder  they  j?ring  upon  the  whole  school,  by  not  insisting 
upon   the  scholars  being  punctually  at  the  school  room  at  the  ap 
pointed  hour  ;  and  above  all,  they  should  be  warned  of  the  injurious 
consequences  of  allowing  their  children  to  be  absent  from  school 
during  the  term.     By  being  indulged  in  absences  they  lose   the 
connection  of  their  studies,  probably  fall  behind  their  class,  become 
discouraged,  and  then  seek  every  pretext  to  play  the  truant.     The 
habit  of  irregularity  and  insubordination  thus  acquired,  will  be  apt 
to  mark  their  character  through  life.     Trustees  should  be  informed 
that  the  omission  of  parents  to  require  the  regular  and  punctual  at 
tendance  of  their  children  will  justify  their  exclusion,  on  account  of 
the  effect  of  such  irregularity  upon  the  other  pupils. 

The  superintendents  should  also  observe  whether  the  teachers 
are  careful  to  preserve  the  respect  of  their  pupils,  not  only  by 
maintaining  their  authority,  but  by  a  becoming  deportment,  both 
in  the  school  room  and  out  of  it. 


163 

3.  With  regard  to  the  course  of  instruction,  the  advice  of  the 
superintendents  will  often  be  of  great  value.     The  usual  order  has 
been  found  by  long  experience  to  be   the  best,  viz :  the  alphabet, 
spelling,  reading  with  definitions,  arithmetic,  geography,  history  and 
grammar.     No  child  should   be  put  to  any  study  beyond  his  capa 
city,  or  for  which  he  is  not  already   prepared.     English  grammar 
particularly  demands  so  much  exercise  of  the  intellect,  that  it  ought 
to  be  delayed  until  the  pupil  has  acquired  considerable  strength  of 
mind. 

4.  The  books  of  elementary ''instruction. — It  is  believed  that  there 
are  none  now  in   use  in  our  schools  that  are  very  defective ;  and 
the  jdifference   between  them  is  so  slight,   that    the  gain  to  the 
scholar  will  not  compensate  for  the  heavy  expense  to  the  parent, 
caused  by   the  substitution   of  new  books  with  every  new  teacher ; 
and  the  capriciousness  of  change  which  some  are  apt  to  indulge  on 
this  subject,  cannot  be  too  strongly  or  decidedly  resisted.    Trustees 
of  districts  should  look  to  this  matter  when  they  engage  teachers. 

One  consequence  of  the  practice  is,  the  great  variety  of  text 
books  on  the  same  subject,  acknowledged  by  all  to  be  one  of  the 
greatest  evils  which  afflicts  our  schools.  It  compels  the  teacher  to 
divide  the  pupils  into  as  many  classes  as  there  are  kinds  of  books, 
so  that  the  time  which  might  have  been  devoted  to  a  careful  and 
deliberate  hearing  of  a  class  of  ten  or  twelve,  where  all  could  have 
improved  by  the  corrections  and  observations  of  the  instructor,  is 
almost  wasted  in  the  hurried  recitations  of  ten  or  a  dozen  pupils 
in  separate  classes ;  while  in  large  schools,  some  must  be  wholly 
neglected.  Wherever  the  superintendents  find  this  difficulty  exis 
ting,  they  should  not  fail  to  point  out  its  injurious  consequences, 
and  to  urge  a  remedy  by  the  adoption  of  uniform  text  books  as 
speedily  as  possible.  To  accomplish  this,  let  the  trustees,  under 
the  advice  of  the  teacher,  inspectors  and  superintendents,  determine 
what  text  books  shall  be  used  in  each  study,  and  require  eve  y 
child  thereafter  coming  to  the  school  to  be  provided  with  the  de 
signated  books.  This  very  desirable  uniformity  may,  perhaps,  be 
facilitated  by  exchanges  between  different  districts,  of  the  books 
that  do  not  correspond  with  those  in  general  use,  for  such  as  do. 
For  instance,  in  one  school  the  great  majority  of  spelling  books 
may  be  those  of  Webster  with  some  of  Marshall's,  while  the  latter 
may  predominate  in  another  district  in  which  there  are  also  sever 
al  of  Webster's  In  such  cases,  an  exchange  of  the  different  books 
hetween  the  two  would  obviously  be  mutually  beneficial.  The 
superintendents  might  assist  in  the  execution  of  such  an  arrange 
ment  by  noting  the  proportions  of  the  various  books  in  the  differ 
ent  schools. 

5.  The  Erection  of  School  Houses. — It  would  be  well  for  the  town 
superintendents  to  give  particular  attention  to  this  subject.  When 
ever  they  learn  that  the  building  of  a  school  house  is  contemplated, 
they  should  advise  with  the  trustees  respecting  its  plan*     He  must 


164 

be  a  superficial  observer,  who  has  not  perceived  how  much  the 
health  of  pupils,  the  order  and  discipline  of  a  school,  and  the  con 
venience  of  the  teacher,  depend  upon  the  arrangements  of  the 
school  room.  This  is  not  the  place  to  state  the  best  models.  In 
formation  upon  that  point,  collected  with  great  care  from  Europe 
and  America,  has  already  been  given,  in  the  District  School  Jour 
nal,  and  in  Mr.  BARNARD'S  admirable  volume  on  school  architec 
ture.  Whenever  repairs  are  about  to  be  made  to  school  houses, 
the  superintendents  should  avail  themselves  of  the  occasion  to  re 
commend  such  improvement  as  may  be  desirable. 

6.  In  their  consultations  with  trustees  and  teachers,  the  super 
intendents  should  be  especially  careful  to  communicate  their  sug 
gestions  in  a  kind  and  friendly  spirit,  as  the  most  likely  means  of 
success,  and  as  the  only  mode  of  preserving  those  harmonious  rela 
tions,  which  are  essential  to  their  own  happiness  as  well  as  useful 
ness  ;  and  whenever  they  observe  any  thing  in  the  mode  of  in 
struction,  in  the  government  or  discipline  of  the  school,  or  in  any 
other  point,  which,  in  their  judgment,  requires  correction,  they  will 
make  it  a  point  to  intimate  their  views  to  the  teacher  in  private, 
and  never,  on  any  occasion,  suffer  themselves  to  find  fault  with  him 
in  the  presence  of  his  pupils.  Children  cannot  discriminate,  and 
they  will  feek  themselves  at  liberty  to  blame,  when  the  example 
has  been  set  by  others.  The  authority  of  the  teacher  should  be 
preserved  entire  while  he  remains.  If  his  conduct  is  worthy  of 
public  censure,  he  should  be  at  once  d  smissed,  rather  than  be  re 
tained  to  become  an  object  of  the  contempt  of  his  scholars. 

IV.    ANNUAL  REPORT  OF  THE  TOWN  SUPERINTENDENT. 

By  §  19  (No.  44)  of  the  school  act,  and  the  succeeding  sections, 
it  is  made  "the  duty  of  the  Town  Superintendent  in  each  town, 
between  the  first  day  of  July  arid  the  first  day  of  August,  in  each 
year,  to  make  and  transmit  to  the  county  clerk,  a  report  in  writing 
bearing  date  on  the  fi.  st  day  of  July,  in  the  year  ofitg  transmission, 
and  stating, 

1.  The   whole  number  of  school  districts  and   neighborhoods, 
separately  set  off  within  their  town  : 

2.  The  districts,  parts  of  districts,  and  neighborhoods,  from  which 
reports  shall  have  been  made  to  him,  or  his  immediate  predecessors 
in  office,  within  the  time  limited  for  that  purpose : 

3.  The  length  of  time  a  school  shall  have  been  kept  in  each  of 
such   districts  or  parts   of  districts,  distinguishing  what  portion  of 
that  time  the  school  shall  have  been  kept  by  qualified  teachers : 

4.  The  amount  of  public  moneys  received  in  each  of  such  dis 
tricts,  parts  of  districts  and  neighborhoods  : 

5.  The  number  of  children  taught  in  each,  and  the  number  of 
children  over  the  age  of  four  and  under  twenty-one  years,  residing 
in  each : 

6.  The  whole  amount  of  moneys  received  by  him  or  his  prede 
cessors  in  office,  during  the  year  ending  at  the  date  of  his  report, 


165 

and  since  the  date  of  his  last  preceding  report;  distinguishing 
the  amount  received  from  the  county  treasurer  and  from  any  other 
and  what  source : 

7.  The  manner  in   which  such  moneys   have  been    expended, 
and   whether   any  and  what  part,   remains    unexpended,  and    for 
what  cause : 

8.  The  amount  of  money  paid  for  teachers'  wages,  in  addition 
to  the  public   money  paid  therefor,  in    the  districts,  parts  of  dis 
tricts   and  neighborhoods  from  which  reports  shall  have   been  re 
ceived  by  him  or  his  immediate  predecessors,  in  office,  with  such 
other  information  as  the  Superintendent  of  Common   Schools    may 
frnm  time  to  time  require,  in  relation  to   the  districts  and    schools 
within  his  town. 

Under  this  provision  the  Superintendent  has  required  the  fol 
lowing  additional  items  of  information  to  be  comprised  in  such 
annual  reports  of  the  Town  Superintendents  : 

1.  The  number    of  times  the  school  in  each    district  haf  been 
inspected  by  Town    Superintendents,  to  be  taken  from   the   ab 
stract  furnished  by  the  trustees : 

2.  The  number   of  volumes  in  the  library  of  each  district,  as 
returned  by  the  trustees  : 

3.  The  whole  number  of  school  districts,  the  school  houses  of 
which  are  situated  in  their  town : 

4.  The  amount  of  money  expended   in  each   school  district  for 
teachers'  wages,  besides  and  beyond  the  public  money  apportion 
ed  to  such  district ;  that  is  they  will  condense  from  the    reports 
of  the  trustees  the    amount   paid   by  individuals,  on   rate-bills  or 
otherwise,  and  the  amount  collected  from  any  local  funds. 

5.  The  attendance   of  pupils  in  the  several  district   schools  for 
the  following  different  terms,  viz  : 

Those  who  attended  l^ss  than  two  months ; 

*•  "  two  months  and  less  than  four  ; 

"  "  four  months  and   less  than  six  ; 

"  "  six  months  and  less  than  eight ; 

4<  "  eight  months  and  less  than  ten  ; 

(M^  ten  months  and  less  than  twelve; 

"  "  twelve  months ; 

6-  The  amount  of  taxes  levied  in  the  several  districts  of  the 
town  during  the  year  reported  for  purchasing  sites,  building, 
hiring,  repairing  and  insuring  school  houses,  fuel,  books,  book 
case,  school  apparatus  and  other  purposes  : 

7.  The    number  of  select  and  private    schools  in    their  tow», 
other   than  incorporated  seminaries,  and  the  average    number   of 
pupils  therein,  as  stated  in  the  reports  of  the  trustees  of  the  several 
districts  : 

8.  They  are  also  required  to  condense,  from  the  reports  of  the 
several  trustees,  the  number  of  schools  for  colored  children  taught 
in  their  town,   specifying  the  districts  in  which   such  schools  have 
been  taught,  the  number  of  colored   children,  between  the  ages  «f 


166 

four  and  twenty-one  attending  such  schools  ;  and  the  amount  of 
public  money  apportioned  to  the  respective  districts  from  which 
such  children  attended,  specifying  such  districts. 

The  most  common  mistake  committed  by  the  Town  Superin 
tendents  is  in  their  report  of  moneys  received  by  them,  or  their 
predecessors,  since  the  date  of  the  last  report.  They  often  con 
found  this  money  with  that  received  by  trustees  of  districts,  which 
is  an  entirely  different  item.  This  last  item  is  received  on  the 
first  Tuesday  of  April,  and  reported  by  the  trustees  on  the  first 
of  January  following,  and  is  embodied  in  the  report  of  the  su 
perintendent  among  the  abstracts  of  the  trustees'  reports,  in  the 
columns  headed  "  amount  of  money  received  in  each  district." 
But  the  money  received  by  the  Town  Superintendents  is  that  paid 
to  them  by  the  county  treasurer  and  town  collector  after  the  first 
of  January,  and  apportioned  by  them  on  or  before  the  first  Tues 
day  in  April,  and  is  not  contained  in  the  reports  ot  the  trustees. 

In  making  their  annual  reports,  the  Town  Superintendents 
shoulasee  that  the  several  columns  of  their  table  are  correctly 
footed,  and  the  figures  plainly  and  distinctly  made. 

Town  Superintendents  neglecting  to  make  such  report  within 
the  limited  period,  forfeit  severally  to  their  town,  for  the  use  of 
the  common  schools  therein,  the  sum  of  ten  dollars ;  and  the 
share  of  school  moneys  apportioned  to  such  town  for  the  ensuing 
year,  may,  in  the  discretion  of  the  Superintendent  of  Common 
Schools,  be  withheld,  and  be  distributed  among  the  other  towns 
in  the  same  county,  from  which  the  necessary  reports  shall  have 
been  received.  When  the  share  of  school  moneys  apportioned  to 
a  town  shall  thus  be  lost  to  the  town  by  the  neglect  of  the  Town 
Superintendents,  the  officer  guilty  of  such  neglect  forfeits  to 
his  town  the  full  amount,  with  interest,  of  the  moneys  so  lost.  It 
is  the  duty  of  the  supervisor  of  the  town,  upon  notice  of  such  loss, 
from  the  Superintendent  of  Common  Schools,  or  county  treasurer, 
to  prosecute  without  delay  in  the  name  of  the  town,  for  such  for 
feiture  ;  and  the  moneys  recovered  are  required  to  be  distributed 
and  paid  by  such  supervisor  to  the  several  districts,  parts  of  dis 
tricts,  or  separate  neighborhoods  of  the  town,  in  the  same  manner 
as  it  would  have  been  the  duty  of  the  Town  Superintendent  to 
have  distributed  and  paid  them,  if  received  from  the  county  trea 
surer.— §  22,  23,  24.  (No.  47,  48,  49.) 

By  §  15,  of  chap.  382,  Laws  of  1849,  it  is  provided  that  "when 
ever  it  shall  be  satisfactorily  proved  to  the  State  Superintendent 
that  any  county  or  town  superintendent,  or  other  school  officers, 
has  embezzled  the  public  money,  or  any  money  coming  into  his 
hands  for  school  purposes,  or  has  been  guilty  of  the  wilful  viola 
tion  of  any  law,  or  neglect  of  duty  or  of  disobeying  any  decision, 
order  or  regulation  of  the  Department  of  Common  Schools,  the 
State  Superintendent  is  authorised  to  remove  such  officer  from, 
such  office,  by  an  order  under  the  seal  of  office  of  the  Secretary 
of  State. 


167 

V.  PENALTIES  AND  FORFEITURES  TO  BE  COLLECTED  BY  TOWN 
SUPERINTEND  ENTS. 

By  subdivision  8  of  §  8,  Rev.  Stat.  (No.  33,)  the  Town  Super 
intendent  is  to  sue  for  and  collect  by  his  name  of  office,  all  pen 
alties  and  forfeitures  imposed  by  the  title  relating  to  common 
schools,  where  no  other  provision  is  made  ;  for  the  penalty  of  five 
dollars  prescribed  by  §  57,  (No.  79,)  upon  the  refusal  or  neglect  of 
any  inhabitant  of  a  district  to  serve  the  notice  of  the  first  meeting  ; 
the  same  penalty  for  altogether  refusing  to  serve  in  a  district  office ; 
and  the  penalty  often  dollars  for  neglecting  to  perform  the  duties 
of  a  district  office,  not  having  refused  to  accept  the  same  ;  and  for 
the  penalty  of  $25,  against  Trustees  neglecting  or  refusing  an 
nually  to  render  an  account  of  the  moneys  received  by  them,  given 
by  §130  (No.  150J  of  the  school  act. 

He  is  also  to  prosecute  for  the  penalty  of  twenty -five  dollars 
imposed  by  §123  (No.  143,)  upon  every  trustee  who  signs  a  false 
report,  with  the  intent  of  obtaining  an  unjust  proportion  of  the 
school  moneys  of  the  town.  Justice  to  the  several  districts  re 
quires  that  the  Town  Superintendents  should  be  vigilant  in  de 
tecting  such  errors,  and  in  applying  the  remedy  provided  by  law 
in  all  cases  where  they  arise  from  design. 

The  sums  collected  by  him  in  suits  for  penalties,  after  deduct 
ing  his  costs  and  expenses,  are  to  be  added  to  the  school  moneys 
received  by  him  during  the  year,  and  apportioned  among  the 
several  districts. 

VI.     MISCELLANEOUS    DUTIES. 

By  §  25,  (No.  50,)  and  the  succeeding  sections,  the  Town  Su 
perintendent  in  each  town  is  required  to  keep  a  just  and  true  ac 
count  of  all  school  moneys  received  and  expended  by  him  during 
the  year  for  which  he  shall  have  been  chosen,  and  to  lay  the  same 
before  the  board  of  auditors  of  the  accounts  of  other  town  officers 
at  the  annual  meeting  of  such  board  in  the  same  year.  Within 
fifteen  days  after  the  termination  of  his  office  he  is  required  to 
render  to  his  successsor  in  office  a  just  and  true  account,  in  writing, 
of  all  school  moneys  by  him  received,  before  the  time  of  render 
ing  such  account,  and  of  the  manner  in  which  the  same  shall  have 
been  appropriated  and  expended  by  him  ;  and  the  account  so 
rendered  is  to  be  delivered  by  such  successor  in  office  to  the  town 
clerk,  to  be  filed  and  recorded  in  his  office.  If,  on  rendering  such 
account,  any  balance  shall  be  found  remaining  in  the  hands  of  the 
Town  Superintendent,  the  same  is  immediately  to  be  paid  by  him 
to  his  successor  in  office.  If  such  balance,  or  any  part  thereof, 
shall  have  been  appropriated  by  the  Town  Superintendent  to  any- 
particular  school  district,  part  of  a  district  or  separate  neighbor 
hood,  and  shall  remain  in  his  hands  for  the  use  thereof,  a  state 
ment  of  such  appropriation  is  required  to  be  made  in  the  account 
so  to  be  rendered,  and  the  balance  paid  to  such  successor  in  office, 
to  be  paid  over  by  him,  according  to  such  appropriation.  His 
successor  in  office  may  bring  a  suit  in  his  name  of  office,  for  the 


168 

recovery,  with  interest,  of  any  unpaid  balance  of  school  moneys 
that  shall  appear  to  have  been  in  the  hands  of  any  previous  Town 
Superintendent  on  leaving  his  office,  either  by  the  accounts  render 
ed  by  such  Town  Superintendent,  or  by  other  sufficient  proof.  In 
case  of  the  death  of  such  Town  Superintendent,  such  suit  may  be 
brought  against  his  representatives,  and  all  moneys  recovered  are 
to  be  applied  in  the  same  manner  as  if  they  had  been  paid  over 
without  suit. 

By  §  30,  the  Town  Superintendent  of  common  schools  in  each 
town,  has  the  powers  and  privileges  of  a  corporation,  so  far  as  to 
enable  him  to  take  and  hold  any  property  transferred  to  him  for 
the  use  of  common  schools  in  such  town. 

A  mere  transfer  of  vouchers  or  receipts,  by  a  Town  Super 
intendent,  on  the  expiration  of  his  official  term,  is  not  such  an 
account  as  the  law  contemplates.  There  must  be  a  written  state 
ment  of  the  amount  of  moneys  received,  appropriated  arid  ex 
pended  by  him  ;  and  this  statement  must  be  filed  and  recorded 
by  the  town  clerk. — Com.  School  Dec.  189. 

The  written  approbation  of  the  Town  Superintendent  to  be  en 
dorsed  on  the  warrant  is,  by  the  113th  section  of  the  act  of  1843, 
(No.  133)  made  requisite  to  the  validity  of  any  second  or  sub 
sequent  renewal  of  a  school  district  warrant  for  the  collection  of 
a  tax  list  or  rate  bill.  This  approbation  should  be  granted  only 
where  a  satisfactory  excuse  is  shown  for  the  omission  to  collect 
the  amount  specified  in  the  warrant  within  the  time  prescribed 
by  law,  and  extended  by  one  renewal.  Taxes  and  rate  bills 
should  be  promptly  collected ;  and  in  ordinary  cases  sixty  days 
affords  ample  time  for  this  purpose ;  and  further  indulgence 
should  in  no  case  be  granted  excepting  under  special  and  pecu 
liar  circumstances. 

By  §  70  (No.  92)  of  the  school  act,  it  is  provided  that  "  no 
tax  to  be  voted  by  any  district  meeting,  for  building,  hiring  or 
purchasing  a  school  house  shall  exceed  the  sum  of  four  hundred 
dollars,  unless  the  Town  Superintendent  of  common  schools  of 
the  town  in  which  the  school-house  is  to  be  situated,  shall  certify 
in  writing,  his  opinion  that  a  larger  sum  ought  to  be  raised,  and 
shall  specify  the  sum  ;  in  which  case,  a  sum  not  exceeding  the 
sum  so  specified  shall  be  raised."  Arid  by  §1  of  chap.  44,  Laws 
of  1831,  Sec.  73,  (No.  95 ,)  "  Whenever  a  school  house  shall 
have  been  built  or  purchased  for  a  district,  the  site  of  such  school 
house  shall  not  be  changed,  nor  the  building  thereon  be  removed, 
as  long  as  the  district  shall  remain  unaltered,  unless  by  the  con 
sent,  in  writing,  of  the  Town  Superintendents  of  Common 
Schools,  of  the  town  or  towns  within  which  such  district  shall  be 
situated,  stating  that  in  their  opinion  such  removal  is  necessary  ; 
nor  then,  unless  a  majority  of  all  the  taxable  inhabitants  of  said 
district  10  be  ascertained  by  taking-  and  recording-  the  ayes  and 
noes  at  a  special  meeting  called  for  that  purpose,  shall  vote  for 
such  removal  and  in  favor  of  such  new  site." 


169 

A  majority  of  the  taxable  inhabitants  who  are  legal  voters  in 
the  district,  present  and  voting  at  such  special  meeting  is  suffi 
cient,  in  conjunction  with  the  written  certificate  of  the  Town 
Superintendent  to  authorize  a  change  of  site  in  an  altered  dis 
trict. 

Town  Superintendents  are  bound  to  furnish  answers  to  all 
appeals  brought  from  any  of  their  proceedings. — Com  School 
Dec.  187. 

Where  a  school  district  is  established  by  the  State  Super 
intendent  on  appeal,  Town  Superintendents  have  no  power 
to  alter,  modify  or  dissolve  the  same,  without  express  authority 
from  the  State  Superintendent;  nor  can  they,  without  such 
authority,  re-establish  a  district,  or  re-publish  an  order  after  their 
proceedings  in  the  same  matter  have  once  been  set  aside  on 
appeal. 

Where  any  school  district  office  is  vacated  by  the  death,  re 
fusal  to  serve,  removal  out  of  the  district,  or  incapacity  of  any 
officer,  and  the  vacancy  occasioned  thereby  shall  not  be  supplied 
by  a  district  meeting,  within  one  month  thereafter,  the  Town 
Superintendent  may  appoint  any  person  residing  in  the  district  to 
supply  such  vacancy,  §  77  (No.  98.)  If,  however,  the  district, 
by  election,  fills  the  vacancy  after  the  expiration  of  the  month, 
and  prior  to  the  action  of  the  Town  Superintendent,  such  elec 
tion  is  valid,  and  the  Town  Superintendent  cannot  subsequently 
make  an  appointment. —  Com.  School  Decisions,  179. 

By  §  146  of  the  act  of  1847,  (No.  169)  it  is  provided  that  "In 
any  suit  which  shall  hereafter  be  commenced  against  Town  Super 
intendents  of  Common  Schools,  or  officers  of  school  districts,  for 
any  act  performed  by  virtue  of,  or  under  color  of,  their  offices,  or 
for  any  refusal  or  omission  to  perform  any  duty  enjoined  by  law, 
and  which  might  have  been  the  subject  of  an  appeal  to  the  Super 
intendent,  no  costs  shall  be  allowed  to  the  plaintiff  in  cases  where 
the  court  shall  certify  that  it  appeared  on  the  trial  of  the  cause  that 
the  defendants  acted  in  good  faith.  But  this  provision  shall  nol 
extend  to  suits  for  penalties,  nor  to  suits  or  proceedings  to  enforce 
the  decisions  of  the  Superintendent." 

By  §  6  of  chap.  330  of  laws  of  1839,  §  145,  (No.  168)  "Town 
Superintendents  of  common  schools,  and  trustees  and  clerks  of 
school  districts,  refusing  or  wilfully  neglecting  to  make  any  report, 
or  to  perform  any  other  duty  required  by  law,  or  regulations  or 
decisions  made  under  the  authority  of  any  statute,  shall  severally 
forfeit  to  their  town,  or  to  their  district,  as  the  case  may  be,  for 
the  use  of  the  common  schools  therein,  the  sum  often  dollars  for 
each  such  neglect  or  refusal,  which  penalty  shall  be  sued  for  and 
collected  by  the  supervisor  of  the  town,  and  paid  over  to  the  prop 
er  officers,  to  be  distributed  for  the  benefit  of  the  common  schools 
in  the  town  or  district  to  which  such  penalty  belongs  ;  and  when 
the  share  of  school  or  library  money  apportioned  to  any  town  or 


170 

district,  or  any  portions  thereof,  or  any  money  to  which  a  town  or 
school  district  would  have  been  entitled,  shall  be  lost  in  conse 
quence  of  any  wilful  neglect  of  official  duty  by  any  town  superin 
tendent  of  common  schools,  or  trustees  or  clerks  of  school  districts, 
the  officers  guilty  of  such  neglect  shall  forfeit  to  the  town  or  dis 
trict  the  full  amount  with  interest,  of  the  moneys  so  lost ;  and 
they  shall  be  jointly  and  severally  liable  for  the  payment  of  such 
forfeiture." 

By  §  72  (No.  94)  It  is  provided  that  "in  every  case  where  a 
district  embraces  a  part  of  more  than  one  town,  the  town  superin 
tendents  of  the  towns  so  in  part  embraced,  upon  application  of  the 
trustees  of  such  districts,  or  of  those  persons  liable  to  pay  taxes' 
upon  real  property  therein,  shall  proceed  to  enquire  and  determine 
whether  the  valuation  of  real  property  upon  the  several  assessment 
rolls  of  said  towns  are  substantially  just  as  compared  with  each 
other,  so  far  as  such  district  is  concerned,  and  if  determined  not  to 
be  so,  they  shall  determine  the  relative  proportion  of  taxes  that 
ought  to  be  assessed  upon  the  real  property  of  the  parts  of  such 
districts  so  lying  in  different  towns,  and  the  trustees  of  such  district 
shall  thereupon  assess  the  proportion  of  any  tax  thereafter  to  be 
raised  according  to  the  determination  of  said  superintendents  until 
the  same  shall  be  altered  by  said  superintendents  until  the  same 
shall  be  altered  by  said  superintendents  upon  like  application,  using 
the  assessment  rolls  of  the  several  towns  to  distribute  the  said  pro 
portion  among  the  persons  liable  to  be  assessed  for  the  same.  In 
cases  where  two  superintendents  shall  be  unable  to  agree,  they 
shall  summon  a  superintendent  from  some  adjoining  town,  who 
shall  unite  in  such  inquiry  and  determination." 

Town  superintendents  are  not  within  the  class  of  public  officers 
required  by  the  Constitution  to  take  the  oath  of  office. 

FORMS  PRESCRIBED  AND  RECOMMENDED  BY  THE 
SUPERINTENDENT  OF  COMMON  SCHOOLS  FOR 
THE  USE  OF  TOWN  SUPERINTENDENTS. 

1.    FORM    OF  BOND  TO   BE  GIVEN  BY    THE  TOWN  SUPERINTEND 
ENT    TO    THE    SUPERVISOR. 

Know  all  men  by  these  presents,  that  we  A.  B.,  C.  D.,  and  E. 

F.,  of  the  town  of in  the  county  of are  held  and 

firmly  bound  to  J.  K.  Esq.,  Supervisor  of  said  town,  in  the  penal 
aum  of  [double  the  amount  of  school  money  received  in  said  town 
from  all  sources  during  the  preceding  year,]  to  be  paid  to  the 
said  J.  K.  or  his  successor  in  office;  to  the  which  payment,  well 
and  truly  to  be  made,  we  bind  ourselves  and  our  legal  representa 
tives,  jointly  and  severally,  firmly  by  these  presents.  Witness  our 
hands  and  seals  this  •  day  of  June,  1851. 

Whereas,  the  said  A.  B.  has  been  duly  elected  [or  appointed] 
Town  Superintendent  of  Common  Schools  for  the  said  town  of 


171 

:  Now  therefore,  the  condition  of  this  obligation  is  such, 

that  if  the  said  A.  B.  shall  faithfully  apply  and  legally  disburse, 
all  the  school  money  which  may  corne  into  his  hands  during  his 
term  of  office  as  such  Town  Superintend  nt,  and  faithfully  dis 
charge  all  the  duties  of  said  office,  then  this  ob'igation  to  be  null 
and  void  ;  otherwise  to  remain  in  full  force  and  virtue. 
Signed  sealed  and  deliv-  \  A.  B. 

ered  in  presence  of 


)  A.  B.       T,  s.] 

\  C.  D.       L.  s.] 

)  E.  F.       L.  s  ] 


(Endorsement.)  "  I  hereby  approve  of  C  D.  and  E.  F.  as  sure 
ties  to  the  within  bond."  J.  K. 

2.    FORM  OP    A  RESOLUTION  CREATING  A  NEW  DISTRICT. 

At  a  meeting,  &c. 

Resolved,  That  a  new  school  district  be  formed,  to  consist  of 
[the  present  Districts  Nos.  1  and  2  ;  or  of  the  present  District  No. 
1  and  a  part  of  District  No  2  ;  or  parts  of  Districts  No.  I  and 
No.  2,  as  the  case  may  be,]  which  said  new  district  shall  be  num 
bered  [23,]  and  shall  be  bounded  as  follows  :  [on  the  north  by 
the  north  tine  of  the  town  of  Trenton  :  on  the  east  by  the  east 
erly  line  of  the  farms  and  lots  of  land  now  occupied  by  Thnmas 
Jones,  William  Thomas,  &c.  :  on  the  south  by  the  south  line  of 
lots  No.  56,  57  and  58,  as  designated  on  the  map  of  said  town  : 
and  on  the  west  by  the  westerly  line  of  the  farms  and  lots  nowoo- 
cupiee  by  A,  B,  C,  D,  &,c.] 

The  formation  of  the  aforesaid  district,  involving  an  alteration 
of  District  No.  [I  and  No,  2,]  'the  consent  of  the  trustees  of  the 
said  districts  to  such  alteration  has  been  presented  to  the  Town 
Superintendent,  and  filed  with  the  town  clerk.  [Or,  if  such  con 
sent  has  not  been  given,  the  following  entry  should  be  made  :  The 
formation  of  the  aforesaid  district,  involving  an  alteration  of  dis 
tricts  No.  1  and  2,  and  the  consent  of  the  trustees  of  District  No. 
1  to  such  alteration  not  having  been  given,  it  is  ordered  that  a  no 
tice  in  writing  of  the  said  alteration,  signed  by  the  Town  Super 
intendent,  be  served  on  one  of  the  trustees  of  the  said  district.] 
If  the  order  is  made  between  the  first  day  of  December,  in  any 
year,  and  the  first  day  of  May  thereafter,  the  following  clause 
should  be  added,  viz  :  "  This  order  will  take  effect  on  the  first 
day  of  May  next,  [or  on  some  subsequent  day  to  be  specified.] 

2.  The  consent  of  the  trustees  of  the  altered  districts  may  be 
given  by  endorsing  it  on  a  copy  of  the  order,  as  follows  : 

We  hereby  consent  to  the  alteration  made  m  District  No.  2,  in 
the  town  of  Trentony  by  the  order  of  which  the  within  is  a  copy, 

Dated,  &c. 

Trustees  of  district 

x  •    •  • 


JH 

?• 

.  b.  J 


172 

This  consent,  like  all  other  acts  of  trustees,  should  be  given  at 
a  meeting  of  the  whole,  or  a  majority,  when  all  have  been  notified 
to  attend.  The  statute  does  not  require  it  to  be  in  writing;  but  it 
is  advisable  to  prevent  disputes,  that  a  written  consent  should  be 
filed  with  the  town  clerk. 

3.    FORM  OF    NOTICE  TO    TRUSTEES  NOT    GIVING    THEIR    CONSENT  TO 
AN  ALTERATION  OF  THEIR  DISTRICT. 

The  Trustees  of  District  No.  1,  in  the  town  of  Trenton  will 
take  notice  that  an  order  was  made  this  day  by  the  Town  Super 
intendent  of  Common  Schools  of  the  said  town,  of  which  the  fol 
lowing  is  a  copy,  by  which  certain  alterations  in  the  said  district 
are  made,  as  will  appear  by  the  said  order;  and  that  such  altera 
tions  will  take  effect  after  three  months  from  the  service  of  this 
notice.  [If  the  expiration  of  the  three  months  occur  between  the 
first  day  of  December  and  May,  then  some  day  subsequent  to  the 
to  the  thirtieth  of  April  should  be  specified.]  Dated,  &c. 

G.  H.,  Town  Superintendent  of  Common 

Schools  of  the  town  of  Trenton. 

[Here  insert  copy  of  order  of  Town  Superintendent.] 
This  notice  may  be  served  on  any  one  of  the  trustees  ;  and  it 
will  be  found   useful  to  have  an   acknowledgment  of   the  service 
by  the  trustees  receiving  the  notice,  endorsed  on  a  copy  of  it  and, 
filed  with  the  town  clerk. 

4.    NOTICE  OF  THE  FIRST  MEETING  IN  A  DISTRICT  TO  ORGANIZE. 

This  is  required  by  law  to  be  given  within  twenty  day,  afret 
the  formation  of  any  district.  If  the  consent  of  the  trustees  of  the 
districts  interested,  has  been  given  to  the  alterations  covered  by 
the  order,  then  the  notice  should  be  for  a  day  as  early  as  may  al 
low  sufficient  time  for  general  information.  But  if  it  be  necessa 
ry  to  give  notice  of  the  alterations  to  the  trustees  of  any  district, 
then  the  notice  for  the  first  meeting  should  specify  a  day  subse 
quent  to  the  expiration  of  three  months  after  service  of  the  notice 
of  alteration,  because  the  district  cannot  organize  until  after  that 
time,  .^fr" 

The  notice  may  be  in  the  following  form : 
To ,  a  taxable  inhabitant  of  District  no  23,  in  the  town 

of  Trenton. 

The  town  Superintendent  of  Common  Schools  of  the  town  of 
Trenton,  having  by  an  order,  of  which  the  following  is  a  copy, 
formed  a  new  district  in  the  said  town  to  be  numbered  23,  con 
sisting  of  the  territory  particularly  specified  in  the  said  order  ; 
you  are  hereby  required  to  notify  every  inhabitant  of  the  said  dis 
trict  qualified  to  vote  at  district  meetings,  to  attend  the  first  dis 
trict  meeting  of  the  said  district,  which  is  hereby  appointed  to  b« 
held  at  the  house  of  in  the  said  town,  on  the  day  of 

next,  at  6  o'clock  in  the  afternoon,   by  reading  this  notic« 


178 

in  the  hearing  of  each  such  inhabitant,  or  in  case  of  his  absence 
from  home,  by  leaving  a  copy  of  this  notice,  or  of  so  much  there 
of  as  relates  to  the  time  and  place  of  such  meeting,  at  least  six 
days  before  the  said  time  so  appointed  for  the  said  meeting.  Da 
ted,  &c. 

A.  B.,   Town  Superintendent  of  Common 

Schools  of  the  town  of  Trenton. 

A  copy  of  the  order  forming  the  district  should  be  annexed  to 
this  notice,  as  the  most  convenient  mode  of  describing  the  district, 
and  most  likely  to  prevent  errors. 

The  inhabitant  serving  the  notice  should  keep  a  memorandum 
of  the  names  of  the  persons  notified  by  him,  specifying  the  man 
ner  of  notifying,  whether  by  reading  or  leaving  a  copy,  or  the  sub 
stance  of  trie  notice,  at  the  place  of  abode  of  any  absent  voter  ; 
and  this  memorandum,  certified  by  him,  should  be  delivered  to 
the  chairman  or  clerk  of  the  district  meeting  and  read,  that  it  may 
be  ascertained  whether  notice  has  been  duly  given  so  as  to  justi 
fy  the  voters  in  proceeding  to  the  transaction  of  business  ;  and  the 
original  notice  and  return  should  be  filed  with  the  district  clerk, 
as  evidence  of  the  regularity  of  the  organization. 

7.    FORM  OF  A  RESOLUTION    FOR    THE    ALTERATION    OF    A  DISTRICT. 

At  a  meeting  of,  &c., 

Resolved,  That  districts  number  1  and  number  2,  in  the  said 
town,  be  altered  as  follows,  viz:  by  setting  off  the  farms  and 
parcels  of  land  occupied  by  John  Brown,  Thomas  Jones,  and 
William  Richards,  from  District  number  one,  in  which  they 
have  heretofore  been  included  to  District  number  two  ;  so  that 
the  east  boundary  of  District  number  one  shall  be  the  easterly 
line  of  the  farms  and  parcels  of  lands  occupied  by  A.  B.  C.  D. 
&,c.,  and  the  westerly  boundary  of  district  number  two  shall  be 
the  westerly  lines  of  the  farms  and  parcels  of  land  occupied  by 
the  said  John  Brown,  Thomas  Jones  and  William  Richards ; 
the  said  John  Brown  having  consented  to  be  set  off  as  aforesaid. 
The  written  consent  of  the  trustees  of  the  said  districts  number 
one  and  two,  having  been  presented  to  the  Town  Superin 
tendent,  is  filed  with  the  town  clerk  ;  [or,  The  consent  of  the 
trustees  of  the  said  districts  respectively,  (or  of  district  No.  1  or 
2,  as  the  case  may  be,)  not  having  been  given  to  the  said  altera 
tion,  it  is  ordered  that  a  notice  in  writing  of  such  alteration 
signed  by  the  Town  Superintendent,  be  served  on  some  one 
of  the  trustees  of  each  of  the  said  districts,  (or  of  district  No. 
1  or  2.)] 

In  the  above  form,  it  will  be  seen  that  the  new  boundaries  of 
the  districts,  caused  by  the  alteration,  are  given.  This  is  deemed 
very  necessary  in  order  to  prevent  all  mistake  or  ambiguity,  and 
to  preserve  a  continual  record  of  the  actual  bounds  of  the  districts. 
If  any  of  the  persons  set  off  consent  to  the  alteration,  it  should  be 
stated,  so  that  the  trustees  may  know  whether  he  is  taxable  for 
building  a  school-house. 


174 

The  consent  of  trustees  to  the  alteration,  and  in  case  of  their 
not  consenting,  the  notices  to  them,  will  be  as  before  given  under 
the  2d  and  3d  heads. 

8.  PROCEEDINGS  IN  THE  FORMATION  OR  ALTERATION  OF  A  JOINT  DIS 

TRICT,  FROM  TWO  OR  MORE  TOWNS. 

The  proceedings  in  the  formation  of  a  joint  district  will  be  in 
all  respects  similar  lo  those  previously  given  in  relation  to  ordi 
nary  c^ses,  with  the  following  additions  : 

As  there  is  no  clerk  assigned  by  law  to  the  joint  meeting,  the 
officers  present  should  sign  the  proceedings. 

The  caption  should  give  the  names  of  the  towns  to  which  the 
Town  Superintendents  belong  ;  and  the  resolutions  should  be  re 
corded  in  each  of  those  towns. 

9.  FORM  OF     CERTIFICATE  TO  TEACHER     BY  TOWN  SUPERINTENDENT. 

I  hereby  certify  that  I  have  examined  A.  B.  and  do  believe  that 
he  [or  she]  is  well  qualified,  in  respect  to  moral  character,  learn 
ing  and  ability,  to  instruct  a  common  school  in  this  town  for  one 
year  from  the  date  hereof. 

Given  under  my  hand  at         this         day  of         18 

C.  D.,  Town  Superintendent  of  Com 
mon  Schools  for  the  town  of 

10.    FORM  OF  INSTRUMENT  ANNULLING  A  TEACHER'S  CERTIFICATE. 

Having  enquired  into  certain  complaints  against  A.  B.,  hereto 
fore  licensed  as  a  teacher  of  common  schools  of  said  town,  and 
being  of  opinion  that  he,  the  said  A.  B.,  does  not  possess  the  re 
quisite  qualifications  as  a  teacher,  in  respect  to  moral  character, 
[or  "  in  respect  to  learning,"  or  "in  respect  to  ability  in  teach 
ing,"  as  the  case  may  be,]  and  having  given  at  least  ten  days  pre 
vious  notice  in  writing  to  said  teacher,  and  to  the  trustees  of  the 
district  in  which  he  is  employed,  of  the  intention  so  to  do,  I  have 
annulled  and  hereby  do  annul  the  said  certificate  and  license  so 
granted  as  aforesaid. 

Given  under  my  hand  this         day  ot         18 

C.  D.,  Town  Superintendent 

of  Common  Schools. 

As  a  note  in  writing,  containing  the  name  of  the  teacher,  and 
the  time  when  his  certificate  was  annulled,  must  be  filed  in  the 
town  clerk's  office,  to  give  it  effect,  the  most  convenient  and  ef 
fectual  mode  of  complying  with  the  law,  will  be  to  make  out,  sign 
and  file,  a  duplicate  of  the  instrument  itself. 

11.  FORM  OF  THE  ANNUAL  REPORT  OF  THE  TOWN  SUPERINTENDENT 
OF  COMMON  SCHOOLS,  TO  BE  MADE  TO  THE  COUNTY  CLERK. 

I,  A.  B.  Town  Superintendent  of  common  Schools  of  the  town 
of  in  the  county  of  in  conformity  with  the  statutes 

in  relation  to  common  schools,  do  report  :  that  the  number  of  en- 


175 

tire  school  districts  in  said  town,  organized  according  to  law,  is 
[eight,~\  and  that  the  number  of  parts  of  school  districts  in  said 
town  is  [Jive~]  ;  that  the  number  of  joint  districts,  the  school-hous 
es  of  which  are  situated  wholly  or  partially  in  said  town,  is  [three']  ; 
that  he  number  of  entire  districts  from  which  the  necessary  re 
ports  have  been  made  for  the  present  year,  within  the  time  limit 
ed  by  law,  is  [eight,']  and  the  number  of  parts  of  districts  from 
which  such  reports  have  been  made  is  [Jive.']  That  the  number 
of  schools  for  colored  children  taught  by  said  town  during  the 
year  aforesaid,  for  six  months  or  upwards,  by  a  duly  qualified 
teacher,  was  [<z0o.] 

And  I  do  further    certify  and  report,  that  the   whole  amount  of 
money  received  by  me,  or  my  predecessors  in  office,  for  the  use  of 
common    schools,    during  the  year  ending  on  the  date  of  this  re 
port,  and  since  the  date  of  the  last  report  of  said  town,  is  $ 
of  which  sum  the  part  received  from  the  county  treasurer  is  $ 
the  part  from  is  $         and  that  we  have  collected  the 

sum  of  for  penalties  (if  any  has  been  collected)  [and  if  there 
be  any  other  source  from  which  any  part  has  been  received,  here 
state  it  particularly.]  That  the  said  sum  of  money  has  been  ap 
propriated  to  the  several  districts  from  which  the  necessary  re 
ports  were  received,  for  the  purposes  and  in  the  proportion  follow 
ing,  viz  :  the  sum  of  $  for  the  payment  of  teachers'  wages, 
and  the  sum  of  $  for  the  purchase  of  district  libraries.  That 
of  the  monies  so  apportioned,  there  has  been  paid  over  to  or  on  the 
order  of  the  trustees  of  the  several  districts  entitled  thereto,  the 
sum  of  dollars  and  cents  for  teachers'  wages,  and  dol 
lars  and  cents  of  the  library  money ;  and  that  the  balance  of 
said  monies  so  apportioned  and  not  paid  over,  is  now  in  my  hands 
amounting  in  the  aggregate  to  dollars  and  cents,  and  ready 
to  be  paid  according  to  law.  That  the  sum  of  $  was  appor 
tion  by  me  to  district  No.  for  colored  children  in  said  dis 
trict  between  the  ages  of  four  and  21  years,  who  have  attended  a 
school  in  district  No.  in  said  town,  by  a  duly  qualified  teacher, 
for  six  months  during  the  preceding  year  ;  and  $  to  district 
No.  for  colored  children  attending  in  said  district ;  and 
that  I  have  deducted  the  said  several  amounts  from  the  sums  by 
me  apportioned  to  the  said  districts  No.  and  respectively. 
And  I  further  certify  that  during  the  year  before  mentioned,  I 
have  not  collected  any  fines,  penalties  or  forfeitures :  [or,  And  I 
further  certify  that  during  the  year  before  mentioned,  I  have  col 
lected  a  penalty  of  $25,  imposed  on  A.  B.  a  trustee  of  district  No. 
in  said  town,  for  signing  a  false  report ;  and  that  my  costs 
and  charges  in  such  collection  amounted  to  $  ;  and  the 
balance  of  such  penalty  was  by  me  added  to  the  school  money 
received  by  me  and  apportioned  as  above  mentioned.]  That  the 
school  books  most  in  use  in  the  common  schools  of  said  town  are 
the  following,  viz  :  [here  specify  the  principal  books  reported  by 
the  several  trustees.]  And  I  further  certify  the  tables  following, 


.176 

to  be  true  abstracts  from  the  reports  of  the  trustees  of  the  several 
districts  and  parts  of  districts  as  aforesaid  : 


s 

h 

"  sr 

1 

N^7. 

« 

1 

fill 
«H 

5-g^l 

sli-s 

Whole  length  of 
time  any   school 
has   been   kept 
therein. 

Length  of  time 
such   school  has 
been  kept  by  li 
censed  teachers. 

Amount   of  money    re-! 
ceived  by  districts.     ! 

?or  teach 
ers'  wages 

For  Libra 
ries. 

•s^3-^  > 
P'S^ 

Dols.  Cts. 

Dols.    Cts. 

Months, 

Dhjs. 

Months. 

Days. 

1 

2 
3 
4 
5 
6 
7 
8 

6 
4 
8 
8 
6 
4 
4 
9 

10 
6 
6 
3 

8 



3 
4 
8 
4 
6 
4 
4 
4 

10 
3 
6 
3 

8 



10  30. 
17  88. 
15  76. 
21  51. 
21  21. 
16  06. 
11  51 
14  54. 

9  70. 
4  55. 
8  48. 
8  18. 
8  79. 

5  15 
8  94 
7  88 
10  76 
10  62 
8  04 
5  76 
7  27 

4  85 
2  27 
4   24 
4  09 
4  39 

12 

12 

12 
6 

6 

PAKTS  OF 
DISTRICTS. 

9 
10 
11 
12 
13 

5 

5 

Total,   |           13  1           83 

35 

65 

23 

168  47. 

84  26 

[Continuation  of  Table  on  next  page J\ 


177 


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178 

CHAPTER  III. 

POWERS  AND  DUTIES  OF  INHABITANTS  OF  SCHOOL  DISTRICTS. 

By  §  65  (No.  87)  of  the  school  act,  it  is  provided  that  "  an  annual 
meeting  shall  be  held  at  the  time  and  place  previously  appointed ; 
and  at  the  first  district  meeting,  and  at  each  annual  meeting,  the 
time  and  place  of  holding  the  next  annual  meeting  shall  be  fixed." 

Annual  meetings  need  not  be  precisely  one  year  apart.  The 
time  may  be  a  few  days  or  weeks  more  or  less  than  a  year,  if  the 
inhabitants  think  it  necessary.  For  instance,  an  annual  meeting 
held  on  the  fast  Tuesday  of  October  may  be  adjourned  to  the 
second  Tuesday  of  October  of  the  next  year.  The  propriety  of  the 
act  in  every  case  must  depend  upon  the  circumstances  attending 
it.  No  general  rule  as  to  the  extent  of  the  variation  from  a  year 
can  be  laid  down  as  applicable  to  all  cases. —  Com.  School  Dec. 
289. 

It  is  proper,  however,  to  observe,  that  as  by  the  act  of  1843 
ene  trustee  only  is  hereafter  to  be  annually  elected,  who  holds  his 
office  for  three  years,  and  as  in  case  of  a  vacancy,  such  vacancy  is 
to  be  supplied  only  for  the  unexpired  term  left  vacant,  the  variations 
in  the  time  of  holding  the  annual  meeting  ought  not  to  exceed 
three  or  four  weeks.  The  time  from  one  annual  meeting  to 
another  must  always  be  considered  and  treated  as  one  year. 

By  §  66  of  the  act  of  (No.  88,)  "  Whenever  the  time  for  hold 
ing  annual  meetings  in  a  district,  for  the  election  of  district  officers 
shall  pass  without  such  election  being  held,  a  special  meeting  shall 
be  notified  by  the  clerk  of  such  district  to  choose  such  officers  ;  and 
if  no  such  notice  be  given  by  him  or  the  trustees  last  elected  or 
appointed,  within  twenty  days  after  such  time  shall  have  passed, 
any  inhabitant  of  such  district  qualified  to  vote  at  district  meetings, 
may  notify  such  meeting  in  the  manner  provided  by  law  in  case 
of  the  formation  of  a  new  district ;  and  the  officers  chosen  at  any 
such  special  meeting,  shall  hold  their  office  until  the  time  for  hold- 
in°-  the  next  annual  meeting." 

By  §  67  of  Laws  of  1847,  (No.  89,)  "When  the  clerk,  and  all 
the  trustees  of  a  school  district,  shall  have  removed,  or  otherwise 
vacated  their  office,  and  where  the  records  of  a  district  shall  have 
been  destroyed  or  lost,  or  where  trustees  neglect  or  refuse  to  call 
meetings  to  choose  trustees,  the  Superintendent  of  Common  Schools 
shall  have  authority  to  order  such  meetings." 

By  §  68  ( No.  90,)  *'  When  in  consequence  of  the  loss  of  the 
records  of  a  school  district,  or  the  omission  to  designate  the  day 
for  its  annual  meeting,  there  shall  be  none  fixed,  or  it  cannot  be 
ascertained,  the  trustees  of  such  district  may  appoint  a  day  for 
holding  the  annual  meeting  of  such  district." 

If  an  annual  meeting  is  held  at  the  time  and  place  appointed  at 
or  adjourned  from  the  annual  meeting  of  the  preceding  year,  the 
proceedings  will  be  deemed  valid,  notwithstanding  the  omission  of 
the  clerk  to  give  the  notices  prescribed  by  law. 


179 

Where  the  place  and  time  of  day  for  holding  the  annual  meet 
ing  are  not  designated  by  the  inhabitants,  the  usual  place  and 
time  of  day  for  holding  such  meetings  will  be  understood,  and  the 
notices  of  the  clerk  should  correspond  thereto.  When  assembled, 
the  inhabitants  may  adjourn  to  any  other  convenient  place  ;  but  the 
clerk  cannot,  in  his  notices  for  the  annual  meeting,  designate  any 
other  than  the  usual  place  for  holding  such  meeting, .where  the  in 
habitants  at  their  last  annual  meeting  omitted  to  specify  any  place. 
—  Com.  School  Dec.  129,  141. 

The  law  has  not  specified  what  number  of  inhabitants  shall 
constitute  a  quorum  for  the  transaction  of  business  at  a  district 
meeting,  annual  or  special :  and  accordingly  the  proceedings,  if 
otherwise  regular,  will  not  be  disturbed  by  reason  of  the  paucity 
of  attendance  on  the  part  of  the  inhabitants,  where  the  notice  has 
been  fair  and  public,  and  there  is  no  room  for  the  allegation  of 
surprise.  A  reasonable  time,  should,  however,  be  allowed  for  the 
inhabitants  to  assemble,  after  which  those  in  attendance  may  legal 
ly  proceed  to  the  transaction  of  any  district  business. 

By  §  69  (No.  91)  it  is  provided  that  k<  a  special  meeting  shall 
be  held  in  each  district  whenever  called  by  the  trustees ;  and  the 
proceedings  of  no  district  meeting,  annual  or  special,  shall  be  held 
illegal,  for  want  of  a  due  notice  to  all  the  persons  qualified  to  vote 
thereat,  unless  it  shall  appear  that  the  omission  to  give  such  notice 
was  wilful  and  fraudulent." 

This  latter  provision  was  intended  for  cases  where  through  ac 
cident*  or  mistake,  the  proper  legal  notice  has  not  been  given  te 
all  ^vho  are  entitled  to  it :  but  it  cannot  be  construed  to  extend  to 
cases  in  which  no  attempt  is  made  to  give  the  notice  required  by 
law  to  any  of  the  inhabitants.  Where  the  clerk  of  a  district  un 
dertakes  to  give  a  notice  in  the  manner  provided  by  the  statute, 
and  has  failed,  unintentionally,  to  serve  such  notice  on  all  the  per 
sons  entitled  to  receive  it,  or  where  such  notice  is  imperfectly 
served,  the  proceedings  of  the  meeting  will  not  be  void  on  that 
account.  They  may,  however,  be  set  aside  on  appeal,  on  showing 
sufficient  cause. —  Com.  School  Dec.  186,  223. 

The  law  in  terms,  prescribes  that  the  object  for  which  a  special 
meeting  is  called  shall  be  stated  in  the  notice  for  such  meeting. 

The  opportunities  afforded  by  the  coming  together  of  the  in 
habitants  of  each  district,  for  deliberation  and  consultation  in  re 
lation  to  their  schools,  and  the  various  interests  connected  there 
with,  are  calculated  to  exert  a  most  beneficial  influence  in  favor 
of  education ;  to  promote  union,  harmony  and  concert  of  action  in 
the  several  districts  ;  and  to  cement  the  ties  of  friendly  social  in 
tercourse  between  those  having  a  common  interest  in  the  moral 
and  intellectual  culture  of  their  children.  It  is,  therefore,  of  the 
utmost  importance  that  they  should  not  be  neglected  ;  that  the  in 
habitants  should  be  prompt  and  uniform  in  their  attendance  ;  and 
that  the  proceedings  should  be  invariably  characterized  with  that 
order,  regularity  dignity  and  decorum  which  can  alone  command 


180 

respect  and^  efficiently  attain  the  objects  to  be  accomplished.  To 
secure  as  far  as  possible  the  attainment  of  these  desirable  ends,  it  is 
proposed  in  this  place  to  examine  the  powers  and  duties  of  the  inhab 
itants,  when  assembled  in  district  meeting,  the  mode  of  proceeding 
the  keeping  of  the  minutes  and  records,  the  qualifications  of  voters? 
and  some  other  subjects  of  general  interest,  connected  with  the* 
proceedings  of  district  meetings. 

1.     POWRRS    AND    DUTIES     OF     INHABITENTS    WHEN    ASSEMBLED 
IN    DISTRICT    MEETING. 

These  are  particularly  specified  in  §  62,  (No.  84J  of  the  act, 
and  will  be  noticed  in  their  proper  order.  They  are,  to  appoint 
a  moderator  ;  to  adjourn  from  time  to  time  as  occasion  may  require  ; 
to  choose  district  officers  at  their  first  meeting  upon  the  organiza 
tion  of  the  district,  and  as  often  as  vacancies  occur,  by  expiration 
of  the  term  of  office  or  otherwise  ;  to  designate  a  site  for  district 
school-houses ;  to  lay  such  tax  on  the  taxable  inhabitants  of  the 
district  as  the  meeting  shall  deem  sufficient  to  purchase  or  lease  a 
suitable  site  for  a  school-house,  and  to  build,  hire,  or  purchase  such 
school-house,  and  to  keep  in  repair  and  furnish  the  same  with  nec 
essary  fuel  and  appendages  ;  and  to  repeal,  alter  and  modify  their 
proceedings  from  time  to  as  occasion  may  require. 

By  the  10th  section  of  the  act  of  1841,  sub.  8.  (No.  84,)  the 
inhabitants  are  authorized,  with  the  consent  of  the  Town  Super 
intendent  of  common  schools,  to  designate  sites  for"  two  or  more 
school  houses  for  their  district,  and  to  lay  a  tax  for  the  purchase 
or  lease  thereof,  and  for  the  purchase,  hiring  or  building  of  school 
houses  thereon,  and  the  keeping  in  repair  and  furnishing  the  same 
with  necessary  fuel  and  appendages. 

This  provision  authorizing*  more  than  one  site  and  school  house, 
is  intended  for  the  accommodation  of  those  districts  that  may  be 
so  peculiarly  situated  as  to  render  a  division  inconvenient  or  not 
desirable.  A  banking  or  other  corporation,  or  some  manufacturing 
establishment  liable  to  taxation,  may  thus  be  rendered  beneficial 
to  a  large  territory  and  a  greater  number  of  inhabitants,  instead 
of  having  its  contributions  applied  for  the  benefit  of  a  few.  And 
in  populous  places,  it  may  often  be  convenient  to  have  a  school 
for  very  young  children  distant  from  that  attended  by  those  more 
advanced.  In  these  and  other  cases,  the  districts  should  not 
hesitate  to  exercise  the  power  given  by  this  section.  But  they 
should  in  all  cases  obtain  the  previous  assent  of  the  Town  Super 
intendent. 

The  same  section  authorizes  the  inhabitants,  in  their  discretion 
and  without  the  assent  of  the  Town  Superintendent,  to  levy  a  tax 
not  exceeding  twenty  dollars  in  any  one  year,  for  the  purchase 
of  maps,  globes,  black-boards  and  other  school  apparatus.  The 
principal  facts  in  geography  are  learned  better  by  the  -eye  than  in 
any  other  manner,  and  there  ought  to  be  in  every  school-room  a 
map  of  the  world,  of  the  United  States,  of  this  state  and  of  the 


181 

county.  Globes  also  are  desirable,  but  not  so  important  as  maps. 
Large  black-boards,  in  frames  or  plaster  are  indispensable  to  a  well 
conducted  school.  The  operations  in  arithmetic  performed  on  them, 
enable  the  teacher  to  ascertain  the  degree  of  the  pupils'  acquire 
ments,  better  than  any  result  exhibited  on  slates.  He  sees  the 
various  steps  taken  by  the  scholar,  and  can  require  him  to  give 
the  reason  for  each.  It  is  in  fact  an  exercise  for  the  entire  class  ; 
and  the  whole  school,  by  this  public  process,  insensibly  acquires 
a  knowledge  of  the  rules  and  operations  in  this  branch  of  study. 

Cards  containing  the  letters  of  the  alphabet,  or  words,  may  be 
usefully  hung  up  in  the  room.  Indeed  the  whole  apparatus  pro 
vided  by  Mr.  Holbrook  and  others,  is  eminently  calculated  to 
facilitate  the  acquisition  of  knowledge  and  to  render  it  agreeable. 

The  amount  of  the  tax  which  may  be  voted  for  the  purchase  or 
lease  of  sites  for  the  district  school-house,  and  for  the  repairs,  fur 
niture,  fuel  and  appendages,  is  left  wholly  to  the  discretion  of  the 
district,  and  is  unlimited  by  law :  but  no  tax  for  building,  hiring 
or  purchasing  a  school  house  can  exceed  the  sum  of  four  hundred 
dollars,  unless  on  the  certificate  of  the  Town  Superintendent  that  a 
larger  sum,  specifying  the  amount,  ought,  in  his  opinion,  to  be  rais 
ed;  in  which  case  a  sum  not  exceeding  the  sum  so  specified,  may  be 
raised.  §  70  (No.  92,)  If  the  district  under  the  act  of  1841,  raise 
a  tax  for  building,  hiring  or  purchasing  two  or  more  school-houses, 
a  tax  for  each  may  be  levied,  to  the  amount  of  $400,  without  a 
certificate  from  the  Town  Superintendent. 

Whenever  a  majority  of  all  the  taxable  inhabitants  who  are 
legal  voters  of  any  school  district,  to  be  ascertained  by  taking  and 
recording  the  ayes  and  noes  of  such  inhabitants  attending  at  any 
annual,  special  or  adjourned  school  district  meeting  legally  called 
or  held,  determine  that  the  sum  proposed  and  provided  to  build  a 
school  house,  shall  be  raised  by  instalments  ;  it  is  the  duty  of 
the  trustees  to  cause  the  same  to  be  levied,  raised  and  collected, 
in  equal  annual  instalments,  in  the  same  manner,  and  with  the 
like  authority  that  other  school  district  taxes  are  raised,  levied 
and  collected,  and  to  make  out  their  tax  list  and  warrant,  for  the 
collection  of  such  instalments  as  they  become  payable  according 
to  the  vote  of  the  said  inhabitants  ;  but  the  payment  or  collection 
of  the  last  instalment  can  not  be  extended  beyond  five  years  from 
the  time  such  vote  was  taken  ;  and  no  vote  to  levy  any  such  tax 
can  be  reconsidered  except  at  an  adjourned  general  or  special 
meeting  to  be  held  within  thirty  days  thereafter,  and  the  same 
majority  is  required  for  reconsideration  as  is  required  to  levy  such 
tax. 

By  §  71  (No.  93)  and  §  74  No.  96,  the  inhabitants  are  author 
ized,  whenever  the  site  of  their  school-house  has  been  legally 
changed,  to  direct  the  sale  of  the  former  site  or  lot,  and  the  build 
ings  thereon,  and  appurtenances,  or  any  part  thereof,  at  such 
price  and  upon  such  terms  a%  they  shall  deem  most  advantageous 
to  th  •  district. 


182 

By  the  136th  section  of  the  act  of  1847,  (No.  155)  it  isprorid- 
ed  that  "  whenever  the  number  of  volumes  in  the  district  library 
of  any  district  numbering  over  fifty  children  between  the  age  of 
four  and  twenty-one  years,  shall  exceed  one  hundred  and  twenty- 
five;  or  of  any  district  numbering  fifty  children  or  less,  between 
the  said  ages  shall  exceed  one  hundred  volumes,  the  inhabitants 
©f  the  district  qualified  to  vote  therein,  may,  at  a  special  or  annual 
meeting,  duly  notified  for  that  purpose,  by  a  majority  of  votes,  ap 
propriate  the  whole  or  any  part  of  the  library  money  belonging  to  the 
district  for  the  current  year,  to  the  purchase  of  maps,  globes, 
black-boards,  or  other  scientific  apparatus,  for  the  use  of  the  school,'* 
and  in  every  district  having  the  required  number  of  volumes  in 
the  district  library,  and  the  maps,  g'obes,  black-boards  and  other 
apparatus  aforesaid,  the  said  moneys,  with  the  approbation  of  the 
State  Superintendent  may  be  applied  to  the  payment  of  teachers 
wages. 

The  object  of  this  enactment  is  two-fold.  It  is  designed  in  the 
first  instance,  to  secure  to  every  district  at  least  one  hundred 
volumes  of  suitable  books  for  a  district  library;  and  to  districts 
numbering  over  fifty  children,  one  hundred  and  twenty-five  ;  and 
in  the  second,  to  authorize  the  inhabitants  of  any  district  so  sup 
plied,  when  duly  convened  for  that  special  pu  pose,  to  appropriate 
so  much  of  the  library  fund  for  the  current  year,  as  they  may 
think  proper,  to  the  purchase  of  maps,  globes,  black-boards  or 
scientific  apparatus,  for  the  use  of  the  school,  or  to  the  payment  of 
teachers  wages  when  authorized  by  the  State  Superintendent.  In 
the  absence  of  any  such  appropriation,  or  whenever  any  balance  re 
mains  unappropriated,  the  library  money,  or  such  unappropriated 
balance,  must  be  applied  to  the  purchase  of  books  ;  and  in  any 
event, that  money  must  be  expended  for  the  one  or  the  other  ofthese 
purposes,  on  or  before  the  first  day  of  October  in  each  year.  It  is 
respectfully  recommended  to  the  inhabitants  of  those  districts  which 
are  already  supplied  with  the  requisite  number  of  books,and  of  others, 
whenever  they  shall  reach  the  specified  number,  to  avail  them 
selves  of  the  power  thus  conferred  upon  them,  to  supply  their 
school  with  those  useful  articles  of  scientific  apparatus  which  so 
materially  conduce  to  the  improvement  of  the  pupils.  Independ 
ently  of  this  appropriation,  no  district  should  dispense  with  a 
black-board;  and  if  suitable  maps,  globes  and  a  few  of  the  more 
simple  means  of  illustrating  the  elementary  truths  of  science,  can 
be  superadded,  the  library  money  for  two  or  three  years  cannot 
perhaps  be  more  advantageously  appropriated.  In  the  mean  time, 
the  books  on  hand  can  be  generally  read  ;  and  such  additions  to 
the  library  as  the  growing  wants  and  increased  intelligence  of  the 
district  may  require,  can  then  be  from  time  to  time  procured. 
The  advice  of  the  Town  Superintendent  may  at  all  times  be  had 
as  to  the  most  proper  and  judicious  appropriation  of  the  fund  for 
the  purposes  provided  for  by  the  section  under  consideration 

By  the  provision  of  the  several  acts  relative  to  school  district 
libraries,  (No.  159  et  seq.}  the  inhabitants  of  the  several  districts 


183 

are  authorized  to  lay  a  tax,  not  exceeding  twenty  dollars  for  the 
first  year,  and  ten  dollars  for  each  subsequent  year,  for  the  pur 
chase  of  a  district  library,  consisting  of  such  books  as  they  shall  in 
their  district  meeting  direct,  and  such  further  sum  as  they  may 
deem  necessary  for  the  purchase  of  a  book-case. 

These  provisions,  it  will  be  observed,  are  entirely  distinct  from 
those  which  relate  to  the  purchase  of  books  with  the  public 
moneys  provided  by  the  act  of  1838.  They  are  confined  to  such 
books  as  are  obtained  by  means  of  a  district  tax ;  and  wherever 
the  inhabitants  do  not  choose  to  place  the  latter  on  the  same 
footing  with  the  former,  the  distinction  should  be  carefully  ob- 
serv  d.  The  library  directed  to  be  purchased  with  the  public 
money  provided  for  that  purpose,  is  to  be  selected  by  the  trustees  ; 
the  inhabitants  have  no  direct  control  over  such  selection  ;  and 
the  rules  and  regulations  for  its  government  are  to  be  prescribed 
by  the  Superintendent  alone  ;  while  the  library  to  be  raised  by 
tax  must  consist  of  such  books  as  the  inhabitants  in  districts 
meeting  shall  direct ;  and  the  rules  and  regulations  for  its  man 
agement  may  be  adopted  at  such  meeting.  Still,  both  classes  of 
books  may  be  placed  upon  substantially  the  same  footing,  by  a 
general  direction  to  the  trustees  as  to  the  books  to  be  purchased, 
and  the  adoption  of  the  rules  and  regulations  prescribed  by  the 
Superintendent. 

By  $  141  (No.  160,)  the  legal  voters  in  any  two  or  more  adjoin 
ing  districts, may, with  the  approbation  of  the  Superintendent,  unite 
their  library  moneys,  as  they  shall  be  received  or  collected,  and 
purchase  a.  Joint  library  for  the  use  of  the  inhabitants  of  such  dis 
tricts,  to  be  selected  by  the  trustees,  or  such  persons  as  they  shall 
designate,  and  to  be  placed  under  the  charge  of  a  librarian  to  be 
appointed  by  them. 

By  section  143  of  the  same  act,  (No.  162)  the  legal  voters  in 
any  district  are  authorized  to  direct  the  trustees  to  apply  to  the 
Superintendent  to  select  and  forward  to  the  county  clerk  for  the 
use  of  the  district,  a  library. 

By  sub.  9  of  §  82,  (No.  103,)  the  power  of  inhabitants  of  dis 
tricts  to  direct  the  division  of  the  public  (teacher's)  money,  into 
not  exceeding  four  portions  for  each  year,  and  to  assign  and  apply 
one  of  such  portions  to  each  term  taught  during  the  year  by  a 
duly  qualified  teacher,  is  expressly  recognized. 

Where  by  reason  of  the  inability  to  collect  any  tax,  there  shall 
be  a  deficiency  in  the  amount  raised,  the  inhabitants  of  the  dis 
trict  in  district  meeting,  are  empowered  to  direct  the  raising  of  a 
sufficient  sum  to  supply  huch  deficiency,  by  tax. — §  84,  (No. 
105.) 

By  §  46,  (No.  72.)  "If  the  Town  Superintendent  of  common 
schools  in  any  town,  shnli  require  in  writing,  the  attendance  of 
the  Town  Superintendents  of  any  other  town  or  towns,  at  a  joint 
meeting  for  the  purpose  of  filtering  a  school  district  formed  from 
their  respective  towns,  and  a  major  part  of  the  Town  Superin- 


184 

tendents  notified  shall  refuse  or  neglect  to  attend,  the  Town  Su 
perintendents  attending,  by  a  majority  of  votes,  may  call  a  special 
district  meeting  of  such  district,  for  the  purpose  of  deciding  on 
such  proposed  alteration ;  and  the  decision  of  such  meeting  shall 
be  as  valid  as  if  made  by  the  Town  Superintendents  of  all  the 
towns  interested,  but  shall  extend  no  further  than  to  dissolve  the 
district  formed  from  such  towns." 

The  powers  conferred  upon  the  inhabitants  ot  school  districts'- 
must  be  strictly  pursued,  and  can  in  no  case  be  exceeded.  No 
vote  or  proceeding  of  a  district  meeting  can  be  legal,  for  which  au 
thority  is  not  expressly  or  by  necessary  implication,  to  be  derived 
from  the  statute. 

2.  CHANGE  OF  SITE  OF  SCHOOL  HOUSE. 

By  §  73,  (No.  95,)  it  is  provided  that  "  whenever  a  school- 
house  shall  have  been  built  or  purchased  for  a  district,  the  site  of 
such  school-house  shall  not  be  changed,  nor  the  building  thereon 
be  removed,  as  long  as  the  district  shall  remain  unaltered,  unless 
by  the  consent,  in  writing,  of  the  Town  Superintendent  of  common 
schools,  of  the  town  or  each  of  the  towns  within  which  such  dis 
trict  shall  be  situated,  stating  that  in  their  opinion  such  removal  is 
necessary  ;  nor  then,  unless  a  majority  of  all  the  taxable  inhabi 
tants  of  said  district  to  be  ascertained  by  taking  and  recording  the 
ayes  and  noes  at  a  special  meeting  of  such  district  called  for  that 
purpose,  shall  be  in  favor  of  such  new  site." 

This  provision  is  designed  to  secure  permanency  in  the  location 
of  the  district  school-house,  while  the  circumstances  under  which  it 
was  so  located  remain  substantially  the  same.  But  when  an  al 
teration  has  taken  place  in  the  district,  since  such  location,  either 
by  the  addition  of  new  inhabitants,  and  the  consequent  annexation 
of  new  territory,  from  the  adjoining  districts,  or  by  the  setting  off 
of  a  portion  of  the  inhabitants  and  territory  to  some  other  district, 
then,  the  reason  for  the  enactment  failing,  a  change  of  site  may  be 
voted  by  a  majority  of  the  altered  district,  in  the  usual  manner. 
When  the  new  site  is  again  established,  either  in  this  manner,  or 
by  a  two-third  vote,  as  provided  in  the  section  above  quoted,  and  a 
house  built  the  same  principle  again  prevails.  No  further  altera 
tion  can  be  made  while  the  district  remains  substantially  in  the 
same  condition  as  when  the  new  site  was  fixed. 

The  alterations  here  referred  to  must  he  such  as  are  made  in  the 
territorial  boundaries  of  the  district.  Changes  of  residence  by  the 
inhabitants  removing  out  of  the  distrk  t,  or  the  removal  of  persons 
into  it  from  other  districts,  cannot  be  deemed  alterations  within  the 
meaning  of  the  law,  while  the  territory  remains  the  same. 

When  the  district  has  not  been  altered,  and  a  change  of  site  is 
proposed,  the  consent,  in  writing,  of  the  Town  Superintendent,  as 
above  specified  is  requisite,  and  in  addition  thereto,  a  vote  of  a 
majority  of  the  taxable  inhabitant*  of  the  district  who  are  legal 
voters,  present  and  voting^  by  ayes  and  noes.  No  taxable  inhabi- 


185 

tant  who  is  not  a  legal  voter  of  the  district  can  vote  therein  on  any 
question ;  nor  is  it  necessary  that  a  majority  of  all  the  taxable  in 
habitants  or  legal  voters  residing  in  the  district  should  be  obtained  ; 
but  only  of  a  majority  of  those  present  and  voting  at  a  meeting 
duly  notified. — Per  MORGAN  Supt.  April  1851. 

Experience  has  shown  that  by  far  the  most  fertile  sources  of 
contention  and  difficulty  in  the  various  school  districts,  originate 
from  the  proceedings  of  the  inhabitants  connected  with  the  change 
of  the  site  of  their  school-house.  Such  a  measure  should,  therefore, 
only  be  adopted  when  the  convenience  and  accommodation  of  the 
inhabitants  will  be  essentially  promoted  thereby  ;  when  the  altered 
situation  of  the  district,  imperatively  requires  a  change  ;  and  even 
then,  the  full  and  hearty  concurrence  not  merely  of  a  clear  and 
decided  majority  of  the  district,  but  of  the  inhabitants  generally, 
should  be  secured,  before  any  final  decision  is  made.  There  must 
always  be  a  portion  of  the  inhabitants,  residing  at  the  extremities 
of  the  district,  who  will  experience  more  or  less  inconvenience,  at 
particular  seasons  of  the  year,  in  consequence  of  their  distance 
from  the  school-house  :  but  it  is  better  that  these  partial  incon 
veniences  should  be  submitted  to,  than  that  they  should  be  trans 
ferred  to  others  and  the  whole  district  plunged  into  a  contention 
respecting  the  site.  But  when,  in  consequence  of  the  enlargement 
of  the  boundaries  of  the  district,  a  change  is  indispensable,  the  in 
habitants  should  come  together  in  a  conciliators  and  friendly  spirit, 
having  no  other  object  in  view  than  the  best  interests  of  the  dis 
trict  and  the  convenience  of  the  greatest  number :  and  their  action 
should  be  deliberate  and  circumspect — reconciling,  as  far  as  pos 
sible,  the  interests  of  all,  and  rejecting  every  proposition  calculated 
to  sow  the  seeds  of  dissension  or  disturbance  in  any  portion  of  the 
district: — bearing  in  mind  that  a  mere  numerical  triumph,  leaving 
a  large  minority  dissatisfied  and  irritated,  however  gratifying  to 
the  successful  party,  for  a  time,  is  but  a  poor  compensation  for  a 
divided  and  distracted  district,  and  an  embittered  and  hostile  neigh 
borhood. 

By  §  74,  (No.  96,)  it  is  provided  that  whenever  the  site  of  a 
school  house  shall  have  been  changed  as  herein  provided,  the  in 
habitants  of  the  district  entitled  to  vote,  lawfully  assembled  at 
any  district  meeting,  shall  have  power  by  a  majority  of  the  votes 
of  those  present,  to  direct  the  sale  of  the  former  site  or  lot,  and 
the  buildings  thereon,  and  appurtenanc  es,  or  any  part  thereof,  at 
such  price,  and  upon  such  terms  as  they  shall  deem  most  advan 
tageous  to  the  district ;  and  any  deed  duly  executed  by  the 
trustees  of  such  district,  or  a  majority  of  them,  in  pursuance  of 
such  direction,  shall  be  valid  and  effectual  to  pass  all  the  estate  or 
interest  of  such  school  district  in  the  premises  intended  to  be 
conveyed  thereby,  to  the  grantee  named  in  such  deed ;  and  when 
a  credit  shall  be  directed  to  be  given  upon  such  sale,  for  the  con 
sideration  money,  or  any  part  thereof,  the  tru-tees  are  author 
ized  to  take  in  their  corporate  name,  such  security  by  bond 


186 

and  mortgage,  or  otherwise,  for  the  payment  thereof,  as  they  shall 
d«em  best,and  to  hold  the  same  as  a  corporation,  and  account  there 
for  to  their  successors  in  office  and  to  the  district,  in  the  manner 
they  are  now  required  by  law  to  account  for  moneys  received  by 
them;  and  the  trustees  of  any  such  district  for  the  time  being, 
may  in  their  name  of  office,  sue  for  and  recover  the  moneys  due 
and  unpaid  upon  any  security  so  taken  by  them,  or  their  prede 
cessors  in  office,  with  interest  and  costs. 

By  §  75,  (No.  97,)  all  moneys  arising  from  any  sale  made  in 
pursuance  of  the  last  preceding  section,  shall  be  appropriated  to 
the  payment  of  the  expenses  incurred  in  procuring  a  new  site, 
and  in  removing  or  erecting  a  school  house,  or  either  of  them,  so 
tar  as  such  application  thereof  shall  be  deemed  necessary. 

3.    DESIGNATION    OF    SITE    OF    SCHOOL-HOUSE. 

When  the  site  of  a  school-house  is  to  be  fixed,  it  should  be  des 
ignated  with  distinctness  and  precision.  It  is  very  common  in 
many  of  the  districts  to  vote  a  site  in  general  terms,  as  at  or  near 
a  particular  spot,  between  two  points,  or  by  other  equally  vague  de 
scriptions  ;  and  in  some  instances,  the  precise  location  has  been 
left  to  the  discretion  of  the  trustees,  or  of  a  committee  appointed 
for  that  purpose.  All  this  is  directly  contrary  to  law.  The  in 
habitants  in  district  meeting  assembled,  are  to  "  designate  a  site  for 
a  district  school-house,"  and  this  designation  must  be  sufficiently 
explicit,  and  must  be  described  by  metes  and  bounds,  or  other 
known  and  permanent  land  marks,  to  enable  the  trustees  to  locate 
the  site,  and  to  contract  for  and  receive  a  title  to  the  same ;  and 
the  best  rule  will  be  to  make  such  a  description  as  would  be  requi 
red  in  a  deed  of  the  premises. 

4    BUILDING,  HIRING,  PURCHASING   AND  REPAIRING  OF  SCHOOL 
HOUSES,  AND  PROVIDING  FURNITURE  AND  APPENDAGES. 

When  a  tax  is  voted  by  the  inhabitants  of  a  district  for  building 
a  school-house,  it  is  important,  not  only  that  the  specific  amount  to 
be  raised  should  be  stated,  but  if  any  portion  of  it  is  designed  to 
be  expended  in  the  erection  of  other  appurtenances,  such  as  a 
wood-house,  necessary,  or  fence  that  those  purposes  should  be  spe 
cifically  set  forth  in  the  resolution.  It  would,  in  all  cases,  be  desi 
rable  that  a  committee  of  the  inhabitants,  consisting  of  or  inclu 
ding  the  trustees  who  are  charged  by  law  with  the  execution  of  the 
work,  should  be  appointed,  to  digest  and,  under  the  advice  of  the 
Town  Superintendent,  mature  a  full  plan  for  the  building,  append 
ages  and  appurtenances,  together  with  a  detailed  estimate  of  the 
expense,  and  to  submit  the  same  at  an  adjourned  meeting  for  the 
sanction  and  approval  of  the  district. 

From  this  proceeding  many  useful  results  would  follow.  The 
trustees  would  be  placed  in  possession  of  all  the  information  ne 
cessary  to  enable  them  sufficiently  and  systematically  to  discharge 
their  duties,  in  contracting  for  and  superintending  the  erection  of 


187 

the  house  ;  an  opportunity  would  be  afforded  of  obtaining  and  com 
paring  the  best  models  of  architecture,  and  the  inhabitants  would 
be  enabled  to  discuss  at  their  leisure  the  several  plans  submitted, 
and  to  consult  their  convenience,  taste  and  accommodation  in  the 
several  details 

The  volume  of  "  School  Architecture,"  by  the  Hon.  HENRY 
BARNARD,  of  Connecticut,  will  be  found  exceedingly  valuable,  in 
the  construction  or  alteration  of  school-houses,  and  should,  when 
ever  practicable,  be  consulted. 

The  school-house,  when  built  or  purchased,  should  never  be  per 
mitted  to  remain  for  any  length  of  time  out  of  repair.  It  is  the 
duty  of  the  trustees  to  keep  it  in  repair,  and  the  district  should, 
whenever  called  upon,  provide  for  the  expense.  They  should  also 
see  that  the  school-rooms  are  properly  furnished  with  fuel,  prepared 
for  use  ;  that  all  the  necessary  articles  of  furniture  are  provided;  that 
the  seats,  desks  and  other  fixtures  are  in  good  condition,  and  that 
the  district  library,  the  apparatus  for  the  school,  and  all  the  other 
property  of  the  district,  is  properly  taken  care  of,  and  such  articles 
as  are  wanted,  promptly  furnished  In  other  words,  the  district 
should  exercise  a  constant  supervision  over  its  officers,  and  provide 
the  means  for  an  efficient  discharge  of  their  duties. 

When  it  is  supposed  that  more  than  four  hundred  dollars  will 
be  necessary  to  build,  hire,  or  purchase  a  school-house,  care  should 
be  taken  to  procure  the  certificate  of  the  Town  Superintendent 
before  the  tax  is  voted  by  the  district,  as  such  certificate  seems  by 
the  act  and  has  been  held  by  the  department  to  be  indispensable,  to 
authorize  the  vote.  If  there  be  a  site  and  house,  they  should  be 
sold,  and  the  proceeds  applied  first  to  the  purchase  of  the  new  site, 
and  next  to  the  building.  And  whatever  sum  is  applicable  to  the 
erection  or  purchase  of  the  school-house  must,  according  to  a  de 
cision  of  the  department,  go  in  reduction  of  the  amount  which 
the  district  may  vote  for  a  school-house. — (Decisions,  p.  183.) 
Thus,  if  the  former  site  and  building  sell  for  200  dollars,  and  50 
dollars  be  applied  to  the  procuring  a  new  site,  the  remaining  150 
dollars  being  applicable  to  the  new  house,  the  district  cannot  vote 
a  tax  of  more  than  250  dollars  for  the  building,  without  the  con 
sent  of  the  Town  Superintendent. 

The  following  will  be  a  proper  form  pof  a  resolution  for  raising 
a  tax  for  the  erection  of  a  school-house : 

The  certificate  of  the  Town  Superintendent  of  common  schools 
of  the  town  of  having  been  obtained,  that  in  his  opinion 

a  larger  sum  than  four  hundred  dollars  ought  to  be  raised  for  build 
ing  a  school-house  in  the  said  district,  namely,  the  sum  of  six  hun 
dred  dollars,  [or  whatever  the  whole  sum  may  be.] 

Resolved,  That  the  said  sum  of  six  hundred  dollars  be  raised  by 
tax  upon  the  said  district,  for  the  purpose  of  building  a  school- 
house  therein.  $ 

The  resolution  for  the  purchase  of  a  site  should  be  distinct,  and 
may  be  in  the  following  form  : 


188 

Resolved,  That  the  sum  of  fifty  dollars  be  raised  by  tax  upon 
the  said  district,  for  the  purchase  of  the  site  for  a  new  school-house 
heretofore  designated  by  the  legal  voters  thereof. 

Either  or  both  of  the  above  taxes  may  be  raised,  but  cannot 
be  expended  before  a  site  is  purchased  and  a  legal  title  procu 
red. 

A  tax  having  been  voted  to  build  a  school-house,  the  tax  list 
made  out  and  a  warrant  issued,  the  collection  of  the  tax  cannot  be 
suspended  by  vote  of  a  district  meeting. —  Com.  School  Dec.,  68. 
But  where  no  proceedings  have  been  had  in  pursuance  of  such  vote, 
it  may  be  rescinded. — Id.  261. 

Where  a  tax  is  voted  in  express  terms,  a  direction  subsequently 
given  as  to  the  time  and  mariner  of  its  collection,  is  void. — Id. 
282. 

Where  the  inhabitants  of  a  school  district  authorize  the  trus 
tees  or  any  other  person  to  select  a  site  for  a  school-house,  it  is 
not  a  legal  site  until  subsequently  fixed  by  a  vote  of  the  inhabit 
ants. — Id.  353. 

Where  the  title  to  the  site  of  a  district  school-house  fails,  a  new 
site  may  be  fixed  by  a  majority  vote,  without  the  certificate  of  the 
Town  Superintendent.— Id.  107,  132,  142,  195. 

When  the  site  of  the  school-house  has  been  fixed,  it  may  be 
changed  by  a  majority  of  votes,  at  any  time  before  the  school-house 
is  built  or  purchased. — Id.  182. 

In  voting  a  tax  to  purchsse  a  site,  a  sufficient  sum  may  be  inclu 
ded  to  cover  all  necessary  expenses  in  perfecting  the  title  to  the 
premises. 

The  fact  that  the  site  of  a  school-house  is  covered  by  a  mortgage 
does  not  affect  the  validity  of  the  proceedings  of  a  school  meeting, 
in  voting  to  build  upon  it ;  although  upon  timely  application  the 
Superintendent  might  not  permit  the  house  to  be  constructed  until 
the  lien  was  removed. 

Where  the  title  to  the  site  of  a  school- house  consists  of  a  lease 
of  the  ground  so  long  as  it  shall  continue  to  be  used  for  the  purposes 
of  a  district  school,  if  the  inhabitants  appropriate  the  land  to  any 
other  purpose,  it  reverts  to  the  grantor. 

A  contract  for  the  purchase  of  land  intended  to  be  occupied  as 
the  site  for  a  school-house,  is  not  strictly  a  lease,  although  the  ven 
dee  may  for  some  purposes  be  regarded  as  a  tenant.  Where  such 
a  contract  is  not  executed  by  the  performance  of  its  conditions,  it 
does  not  amount  to  a  purchase.  But  where  such  conditions  have 
been  performed,  the  vendees  have  an  equitable  title,  and  the  court 
of  chancery  would  enforce  the  performance  of  the  contract  on  the 
part  of  the  vendor.  A  presumption  in  favor  of  such  performance 
would,  it  seems,  arise  from  the  circumstance  of  long  possession  on 
the  part  of  the  district. 

Where  a  school  district  has  been  altered,  after  the  original  estab 
lishment  of  its  site,  either  by  adding  to  or  diminishing  from  it*  ter 
ritory,  so  that  the  site  is  no  longer  central  or  convenient,  such  site 


189 

may  be  changed  by  a  vote  of  a  majority  of  the  inhabitants  of  the 
district,  at  any  meeting,  annual  or  special ;  but  after  such  change 
has  been  effected,  and  a  new  site  established,  and  a  new  house  built 
or  purchased,  the  site  cannot  again  be  changed  until  some  further 
alteration  occurs  in  the  boundaries  of  the  district,  without  the  con 
sent  of  the  Town  Superintendent  and  a  majority  of  the  voters  of 
the  district,  in  the  mode  prescribed  by  the  73d  section  of  the  school 
act.  [No.  95.] 

The  costs  and  expenses  of  a  bill  in  equity  to  perfect  the  title  to 
the  site  of  a  school-house,  held  under  an  agreement  by  the  owner 
to  convey,  may  legally  be  defrayed  by  a  tax  to  be  voted  by  the  dis 
trict. — Per  YOUNG,  Sup't. 

Where  the  inhabitants  of  a  school  district  have,  by  a  vote  to  that 
effect,  authorized  the  trustees  to  go  on  and  make  repairs,  or  to  do 
any  other  lawful  acts  involving  an  expenditure  of  money,  they  will 
be  required  to  save  the  trustees  harmless,  if  the  latter  have  acted  in 
good  faith.  But  where  trustees  undertake  to  do  any  act  which 
they  are  not  by  law  authorized  to  do,  in  the  absence  of  any  direc 
tions  on  the  part  of  the  district,  it  is  at  their  own  peril.  The  inhab 
itants  may  ratify  their  proceedings  by  a  subsequent  vote ;  but  if 
they  do  not  choose  to  do  so,the  trustees  are  without  remedy. —  Com. 
School  Dec.  41,  222. 

A  school-house  built  by  subscription  may,  if  under  the  control  of 
the  trustees,  be  kept  in  repair  by  a  tax  on  the  property  of  the  dis 
trict. — Id.  47. 

There  can  be  no  partnership  in  the  erection  of  a  school-house, 
which  will  prevent  the  district  from  controlling  it  entirely  for  the 
purposes  of  the  district  school. — Id.  201,  290. 

No  more  money  can  be  legally  expended  on  a  school-house  than 
is  necessary  for  common  school  purposes.  An  additional  room  can 
not  be  provided  for  a  select  school. — Id.  203. 

A  tax  should  not  be  voted  by  the  inhabitants  of  a  district  for  re 
pairing  the  school-house,  where  the  district  has  no  title  to  the  site, 
and  the  owner  has  forbidden  the  repairs  to  be  made. — Id.  60, 
187. 

Nor  should  a  tax  to  build  a  school-house  be  imposed  or  expended 
until  the  district  has  acquired  such  an  interest  in  the  site  as  to  be 
able  to  control  the  house. — Id.  168. 

A  tax  cannot  be  raised  to  build  a  school-house  on  a  site  se 
lected  without  legal  authority. — Baker  v.  Freeman,  9  Wendall, 
36. 

Where  a  school-house  is  built  by  subscription,  a  tax  may  be  voted 
for  its  purchase,  if  the  district  has  title  to  the  site  on  which  it  stands. 
— Id.  193. 

The  rule  of  law  is,  that  the  right  of  property  in  all  permanent 
erections  upon  lands,  resides  in  the  owner  of  the  soil.  The  latter 
is  therefore  the  legal  owner  of  a  school-house  erected  without  his 
permission  on  his  land.  But  if  such  school-house  was  originally 
placed  there  with  his  permission,the  district  has  a  right  to  direct  its 
removal. — Per  YOUNG,  SupL 


190 

The  inhabitants  of  a  district  may  legally  vote  a  tax  to  enlarge 
their  school  house,  notwithstanding  it  may  already  have  cost  $400, 
without  a  certificate  from  the  Town  Superintendent. — Id. 

Where  a  school  house  is  so  decayed  as  in  the  opinion  of  a 
majority  of  the  district  to  be  no  longer  suitable  for  the  purposes 
of  the  school,  a  tax  may  be  voted  in  the  usual  manner  for  build 
ing  a  new  one  on  the  same  site. — Per  SPENCER,  Sup't. 

Inhabitants  of  school  districts  cannot,  by  a  vote  to  that  effects 
authorize  the  trustees  to  provide  fuel  in  any  other  mode  than 
those  prescribed  by  law. —  Com.  School  Dec.  264. 

Nor  can  they  dispose  of  any  portion  of  the  district  property, 
unless  in  the  cases  and  in  the  manner  specifically  pointed  out  by 
law. 

Although  the  inhabitants  of  a  district  may  direct  the  division  of 
the  teachers'  money  for  the  current  year  into  portions,  applicable 
to  the  respective  school  terms,  they  cannot  so  appropriate  the 
money  for  the  succeeding  year :  nor  can  they  direct  such  division 
after  its  appropriation  by  the  trustees  on  a  specific  contract  with 
a  teacher. 

A  tax  may  be  levied  in  a  school  district  to  build  a  wood  house 
and  necessary. —  Com.  School  Dec.  21. 

Money  cannot  be  raised  by  tax  in  a  school  district  for  contin 
gent  purposes. — Id.  233. 

A  tax  to  purchase  a  district  library  cannot  be  voted  at  a  meet 
ing  of  which  no  notice  is  required  to  be  given  :  e.  g.  an  adjourned 
meeting,  where  the  adjournment  is  for  a  less  period  than  one  month. 
— /rf.  286. 

A  tax  cannot  be  laid  to  erect  a  building  to  be  occupied  jointly 
as  a  school  house  and  a  meeting  house. — Id.  290. 

When  the  whole  amount  of  a  tax  raised  for  any  additional  pur 
pose  is  not  required  for  such  purpose,  the  balance  may  be  applied 
by  vote  of  the  district  to  any  other  authorized  object. — Id.  315. 

A  tax  cannot  be  voted  for  arrearages  generally,  or  to  reimburse 
trustees  or  other  officers  of  the  district  for  moneys  expended  by 
them,  unless  it  appears  by  the  vote  that  the  money  is  to  be  ap 
plied  to  one  of  the  objects  for  which  taxes  may  by  law  be  raised. 
— -Id.  316. 

A  vote  of  the  district  is  necessary  to  raise  by  tax  the  excess 
beyond  $400  certified  to  be  necessary  for  building  a  school-house. 
— Id.  339. 

A  tax  may  be  voted  for  the  erection  of  a  fence  around  the 
school-house  lot ;  and  for  a  bell. 

5.    MODE    OF   PROCEEDING    IN   DISTRICT    MEETING. 

As  a  general  rule,  the  punctual  attendance  of  the  inhabitants  of 
the  district  should  be  secured  by  the  organization  of  the  meeting 
at  the  appointed  hour,  after  making  a  fair  allowance,  say  ten  or 
fifteen  minutes,  for  the  variation  of  time-pieces ;  at  the  expiration 


191 


of  which  time,  those  in  attendance,  whatever  may  be  their  num 
ber,  should  organize,  by  the  appointment  of  a  moderator.  Any 
number  of  inhabitants,  however  small,  are,  as  before  observed, 
competent  to  the  transaction  of  the  business  for  which  the  meeting 
was  called ;  but  if  there  be  only  a  very  small  number  present, 
it  will  be  advisable  to  adjourn  the  meeting.  The  clerk  of  the 
district,  if  present,  will  act  as  clerk  of  the  meeting  ;  and  in  case 
of  his  absence,  any  other  inhabitant  of  the  district  may  be  desig 
nated  by  the  meeting  to  act  as  clerk  pro  tern.  The  inhabitants 
will  then  proceed  to  the  transaction  of  the  business  for  wnieh  they 
were  convened. 

Where  the  officers  of  the  district  are  to  be  chosen,  the  choice 
should  be  by  ballot,  separately  for  each  office;  and  this  mode  of 
proceeding  should  never  be  dispensed  with  where  there  is  reason 
to  believe  any  difference  of  opinion  exists  as  to  the  proper  person 
to  be  chosen.  Where  no  such  difference  of  opinion  exists,  it  is 
still  better  to  regard  the  choice  by  ballot  as  the  regular  mode,  and 
when  dispensed  with  in  any  individual  case,  it  should  be  done  by 
express  resolution.  All  other  business  of  the  meeting  should  be 
transacted  by  written  resolutions,  regularly  put  to  vote  in  the 
customary  manner ;  and  where,  for  any  reason,  the  result  cannot 
be  accurately  ascertained,  the  numbers  voting  for  or  against  any 
resolution  should  be  determined  by  a  count,  or  by  ayes  and  noes, 
For  this  purpose  it  would  be  well  for  the  clerk  to  have  always 
in  readiness  a  list  of  the  legal  voters  of  the  district,  with  a  series 
of  columns  attached,  to  designate  the  manner  in  which  each  per 
son  votes  on  any  question  that  may  be  submitted.  When  the  site 
is  to  be  changed  in  a  district  that  has  not  been  altered,  the  law 
specifically  requires  the  vote  to  be  taken  by  ayes  and  nays.  Such 
list  may  be  in  the  following  form. 


Names  of  Voters. 

On  change  of 
site  of  sch'l 
house. 

On  motion  to 
build  school 
house. 

On   resolut'n 
to  raise  tax 
of  $150. 

On  resolut'n 
to   raise  tax 
for  apparat. 

Ayes. 

Nays. 

Ayes. 

Nays. 

Ayes. 

Noes. 

Ayes. 

Noes. 

John  Morehouse,  .  . 
Jacob  Curtis,  
Thomas  Budd,  
William  Carrroll... 
Henry  Beltis........ 
Frederick  Hough..  . 





_ 



4 

2 

4 

2 

3 

3 

4 

2 

6.     MODE     OF     KEEPING    MINUTES     AND     RECORDS     OF     THE 
PROCEEDINGS. 

The  person  acting  as  clerk  should  keep  accurate  minutes  of  the 
proceedings  on  loose  sheets  of  paper  ;  and  before  the  meeting  is 
finally  adjourned  these  minutes  should  be  read  and  approved  by 
the  meeting,  and  signed  by  the  moderator  and  clerk,  and  after 
wards  transferred  into  the  record  book  of  the  district.  The  fol 
lowing  general  form  may  be  used  for  this  purposes 


192 

Form  of  Minutes  to  be  kept  by  the  District    Clerk,  of  proceedings 
of  District  Meetings. 

At  a  meeting  of  the  legal  voters  of  school  district   number 
in  the  town  of         held    pursuant  to  adjournment,  at          on   the 
day  of         18     ,  [or,  if  it  be  the  annual  meeting,  say   "at  an 
annual  meeting  of,   fyc.,  held  pursuant  to  appointment  and  public 
notice,  at,"  fyc.      Or  if  it  be  a   special  meeting,  say,    "  at  a  special 
met  ting  of,  fyc.,  called  by  the  trustees   of  said  district,  and  pursu 
ant  to  special  notice,  at,  fyc.  on  the  day  of,  fyc.,~\  A 
B.  was  chosen  moderator,  and  C.  D.  was  present  as  district  cler 
(or  if  the  clerk  be  riot  present,  say  E.  F.  was  appointed  clerk  pro. 
tern,  the  district  clerk  being  absent.) 

Resolved  unanimously,  (or  by  a  majority  of  voters  present,  as 
the  case  may  be,)  \jiere  enter  the  proceedings  of  the  district  in  the 
form  of  resolutions,  and  with  as  much  precision  and  certainty  as 
possible.^ 

Where  the  subject  of  a  change  of  site  in  an  unaltered  district 
has  been  under  discussion,  and  a  determination  had  by  the  district, 
in  the  manner  prescribed  by  law,  the  proceedings  should  be  par 
ticularly  recorded,  in  the  following  form  : 

At  a  meeting  of  the  legal  voters  of  district  No.  in  the  town 
of  held  at  the  school  house,  in  pursuance  of  notice  to  all 

the  legal  voters  therein,  on  the  day  of  18  ,  A.  B.  was 
chosen  moderator,  and  C.  D.  was  present  as  district  clerk,  (or  E. 
F.  was  appointed  clerk  pro.  tern,  the  district  clerk  being  absent.  J 
The  written  consent  of  the  Town  Superintendent  of  common 
schools  of  the  town  having  been  read,  stating  that  in  his  opinion 
the  removal  of  the  site  of  the  school  house  in  said  district  is  neces 
sary  :  And  it  having  been  moved  and  seconded  that  the  present 
site  of  the  school  house  in  the  said  district  be  changed,  and  that 
the  northeast  corner  of  lot  No.  10  in  the  said  town,  (or  of  the  farm 
now  occupied  by  A.  B.  on  the  N.  E.  corner,  formed  by  the  inter 
section  of  two  certain  roads,  describing  them,)  be  designated  as  the 
site  of  a  school  house  for  the  said  district,  and  the  question  taken 
by  ayes  and  noes,  it  was  carried,  a  majority  of  all  those  present 
at  such  special  meeting  voting  for  such  removal,  and  in  favor  of 
such  new  site  :  Those  who  voted  in  the  affirmative  were  John 
Morehouse,  Thomas  Budd,  Wm.  Carroll  and  Frederick  Hough  ; 
those  who  voted  in  the  negative,  were  Jacob  Curtis  and  Henry 
Bettis. 

Ayes  4  Noes  2. 

[In  stating  the  ayes  and  noes,  the  Christian  names  of  the  yoters, 
should  be  given.] 

[Or,  and  the  question  being  taken  by  ayes  and  noes,  it  was  lost, 
a  majority  of  all  those  present  at  the  meeting  not  voting  in  favor 
thereof.  The  votes  are  then  to  be  stated  as  before  ] 

After  changing  the  site  of  the  school  house  in  the  manner 
before  prescribed,  the  voters  of  the  district,  at  the  same  or  any 


193 

•subsequent  meeting,  may  pass  a  resolution,  by  a  majority  of  th  ose 
present,  in  the  ordinary  mode,  directing  the  trustees  to  sell  the 
house,  according  to  No.  96  ante. 

7.    QUALIFICATIONS    OF   VOTERS. 

Great  difficulty  has  been  heretofore  experienced  in  ascertaining 
the  requisite  legal  qualifications  for  voters  in  school  district  meet 
ings.  The  act  of  1847,  has  removed  this  difficulty  by  defining 
them  particularly,  and  has  pointed  out  the  means  of  ascertaining 
the  right  of  any  individual  to  vote  in  such  meetings,  by  a  challenge, 
§59,  60,  61,  (Nos.  81,  82,  S3.) 

The  following  general  qualifications  are  required  in  all  casevS  : 

1.  The  voter  must  be  a  male. 

2.  Of  full  age,  that  is,  twenty-one  years  old,  or  more. 

3.  He  must  be  an  actual  resident  of  the  district. 

In  addition  to  the  above,  the  voter  must  possess  one  or  other  of 
the  following  qualifications : 

4.  He  must  be  entitled  by  law  to   hold  land  in   this  state,    and 
must  own  or  hire  real  property  in  the  district,  subject  to  taxation 
for  school  purposes  ;  or, 

5.  He  must  be  authorized  to  vote  at  town  meetings  of  the  town 
in  which  the  district,  or  part  of  a  district  is  situated — and   in  ad 
dition    thereto  must  have   paid  a  rate  bill  for  teachers'   wages   in 
the  district   within  one  year  preceding,  or  must   have  paid   a  dis 
trict  tax  within  two  years  preceding,  or  must  be  owner  of  personal 
property  liable  to  be  taxed  for  school  purposes  in  the  district,   ex 
ceeding  fifty  dollars  in  value,   exclusive  of  what  is  exempt  from 
execution. 

Under  the  above  4th  division  are  included  two  classes  of  per 
sons — citizens  owning  or  hiring  real  property,  subject  to  taxation, 
and  aliens  not  naturalized,  who  have  filed  the  affidavit  prescribed 
by  §  16  of  title  1,  chap.  1,  part  2,  Rev.  Stat.  of  their  intention  to 
become  citizens,  and  of  having  taken  the  necessary  incipient  mea 
sures  for  that  purpose,  and  who  own  or  hire  real  property  in  the 
district  subject  to  taxation  for  school  purposes.  It  does  not  extend 
to  those  who  have  personal  property,  but  neither  own  nor  hire 
real  property.  The  provision  was  intended  to  meet  the  case  of 
residents,  who  although  not  entitled  to  vote  at  town  meetings,  may 
have  a  strong  interest  in  the  proceedings  of  district  school  meetings. 

Any  resident  of  the  district,  who  owns  or  hires  real  estate 
liable  to  taxation  in  the  district,  whether  he  pays  the  tax  on  such 
property  himself  or  not,  and  whatever  may  be  its  value,  and  wheth 
er  he  holds  it  by  a  written  or  verbal  lease,  (if  for  one  year  or  less) 
is  a  legal  voter,  at  any  district  meeting,  even  though  he  may  not 
have  resided  either  in  the  State  or  County  for  a  sufficient  length 
of  time  to  enable  him  to  vote  at  town  meetings  or  elections. 

In  reference  to  the  above  5th  division,  those  "citizens  of  the 
several  towns  in  this  state,  qualified  by  the  constitution  to  vote  for 
elective  officers,"  are  included, provided  they  possess  the  other  requi- 

13 


194 

site  qualifications.  Of  course,  persons  claiming  to  vote  at  district 
meetings  under  this  qualification  must  have  been  inhabitants  of  the 
state  for  one  year,  of  the  county  for  six  months  immediately  preced 
ing,  and  mustthen  be  actual  residents  of  the  town.  To  these  must  be 
added  some  one  of  the  qualifications  above  specified  in  division  5, 
By  §  60  and  §  Gl,(Nos  82  and  83  Jit  is  provided  that  "If  any  person 
offering  to  vote  at  any  school  district  meeting,  shall  be  challenged 
as  unqualified  by  any  legal  voter  in  such  district,  the  chairman 
presiding  at  such  meeting  shall  require  the  person  so  offering,  to 
make  the  following  declaration  :  "  I  do  declare  and  affirm  that  I 
am  an  actual  resident  of  this  school  district,  and  that  I  am  qualified 
to  vote  at  this  meeting."  And  every  person  making  such  declara 
tion  shall  be  permitted  to  vote  on  all  questions  proposed  at  such 
meeting  ;  but  if  any  person  shall  refuse  to  make  such  declaration, 
his  vote  shall  be  rejected. 

"  Every  person  who  shall  wilfully  make  a  false  declaration  of 
his  right  to  vote  at  a  district  meeting,  upon  being  challenged  as 
herein  before  provided,  shall  be  deemed  guilty  of  a  misdemeanorr 
and  punishable  by  imprisonment  in  the  county  jail  for  a  term  riot 
exceeding  one  year,  nor  less  than  six  months,  at  the  discretion  of 
the  court ;  and  any  person  voting  at  any  district  meeting  without 
being  qualified,  shall,  on  conviction,  be  subject  to  a  fine  of  ten 
dollars,  to  be  sued  for  and  recovered  by  the  trustees  of  the  district 
for  its  use,  and  with  costs  of  suit,  before  any  justice  of  the  peace.'r 

The  proceedings  of  district  meetings  where  illegal  votes  are 
alleged  to  have  been  given,  will  not  be  set  aside,  unless  it  is  shown 
on  appeal,  1st,  that  such  votes  were  actually  illegal ;  2d,  that  they 
affected  the  result ;  and  3d,  that  they  were  legally  challenged  upon 
being  offered,  or  that  they  were  not  at  the  time  known  to  be 
illegal. 

8.    RECONSIDERATION    OF    PROCEEDINGS. 

The  inhabitants  of  school  districts  may  reconsider  and  repeal, 
alter  and  modify  their  proceedings  at  any  time  before  they  have 
been  carried  into  effect,  either  wholly  or  in  part.  But  the  inten 
tion  to  do  so,  should  be  explicitly  set  forth  in  the  notice  of  the 
meeting  called  for  that  purpose.  When,  however,  contracts  have 
actually  been  entered  into,  liabilities  incurred,  or  expenditures  of 
money  had,  in  the  prosecution  of  any  measure  directed  by  the  dis 
trict,  a  reconsideration  will  not  be  sanctioned,  as  no  means  exists 
to  indemnify  those  who  may  be  losers  thereby. 

9.    TAXES    SHOULD  BE    SPECIFICALLY    VOTED. 

Where  a  tax  is  voted  by  the  inhabitants  for  any  purpose,  the 
specific  amount  of  the  tax,  and  the  particular  purpose  for  which 
it  is  designed,  should  be  fully  and  clearly  stated.  And  where 
several  objects  of  expenditure  are  to  be  provided  for,  the  amount 
to  be  raised  for  each  should  be  expressed  in  the  resolution,  in  order 
that  the  district  and  the  trustees  may  know  the  precise  extent  of 


195 

their  liability,  and  the  mode  of  its  application.  There  may  be 
cases,  however,  where  the  necessary  amount  to  be  raised,  cannot 
be  ascertained  with  any  approach  to  accuracy ;  and  in  such  cases 
the  district  may  direct  the  performance  of  specific  acts  by  the 
trustees,  or  authorize  them  to  incur  such  expenses  as  may  be 
necessary  to  the  accomplishment  of  a  particular  object  to  be  speci 
fied  ;  and  the  trustees  are  then  authorized  by  §109,  of  the  act  of 
18-17,  fNo.  129,)  to  raise  such  amount  by  tax  upon  the  district 
in  the  same  manner  as  if  the  definite  sum  to  be  raised  had  been 
voted.  This  general  delegation  of  authority  should,  however,  be 
resorted  to  only  in  cases  of  necessity. 

CHAPTER  IV. 


TRUSTEES  OF  SCHOOL  DISTRICTS. 

THESE  officers  are  to  be  chosen  by  the  inhabitants  of  the  district 
entitled  to  vote,  at  their  first  meeting,  and  thereafter  at  any  annual 
or  special  meeting  legally  convened,  whenever  there  is  a  vacancy, 
by  expiration  of  their  term  of  office  or  otherwise.  In  case  of  the 
existence  of  a  vacancy,  by  the  death,  refusal  to  serve,  removal  out 
of  the  district,  or  incapacity  of  the  incumbent,  unless  such  vacancy 
is  supplied  by  a  district  meeting  within  one  month  thereafter,  it  is 
the  duty  of  the  Town  Superintendent  of  common  schools  to  appoint 
some  person  to  supply  such  vacancy  in  which  case  the  person  so 
appointed  holds  his  office  for  the  unexpired  term,  §  63,  (No.  85.) 
The  expiration  of  their  term  of  office,  also  creates  a  vacancy  ;  and 
if,  for  any  reason,  the  annual  meeting  passes  over  without  the  elec 
tion  of  officers,  ample  provision  is  made,  (see  §  66-68,  (No.  88-90,) 
for  the  calling  of  a  special  meeting  to  supply  such  vacancy. 

By  §  79,  (No.  100,)  every  person  duly  chosen  or  appointed  to 
any  such  office,  who  without  sufficient  cause  shall  refuse  to  serve 
therein,  shall  forfeit  the  sum  of  five  dollars ;  and  every  person  so 
chosen  or  appointed,  and  not  having  refused  to  accept,  who  shall 
neglect  to  perform  the  duties  of  his  office,  shall  forfeit  the  sum  of 
ten  dollars. 

By  §  80,  (No.  101,)  lt  any  person  chosen  or  appointed  to  any 
such  office,  may  resign  the  same  by  presenting  his  resignation  to 
the  Town  Superintendent  of  the  town  where  such  officer  shall  re 
side,  who  is  authorized  for  sufficient  cause  shown  to  him  to  accept 
the  same,  and  the  acceptance  of  such  resignation  shall  be  a  bar  to 
the  recovery  of  either  of  the  penalties  mentioned  in  the  preceding 
section.  The  Town  Superintendent  accepting  the  resignation  shall 
give  notice  thereof  to  the  clerk,  or  to  one  of  the  trustees  of  the 
school  district  to  which  the  officer  resigning  shall  belong." 

By  §  6  of  the  act  of  1847,  (No.  30,)  "no  Town  Superintendent 
of  common  schools,  shall  be  eligible  to  the  office  of  trustee  of  a 
school  district ;  and  no  person  chosen  a  trustee,  can  hold  the  office 
of  district  clerk." 


196 

By  §  63  of  the  act  of  1847,  (No.  85,)  it  is  provided  that  "the 
trustees  of  each  of  the  several  school  districts  next  hereafter  to  be 
chosen,  shall  be  divided  by  lot  into  three  classes,  to  be  numbered 
one,  two  and  three  ;  the  term  of  office  of  the  first  class  shall  be  one 
year  ;  of  the  second,  two  ;  of  the  third,  three  ;  and  one  trustee  only 
shall  thereafter  annually  be  elected,  who  shall  hold  his  office  for 
three  years,  and  until  a  successor  shall  be  duly  elected  or  appoint 
ed.  In  case  of  a  vacancy  in  the  office  of  either  of  the  trustees, 
during  the  period  for  which  he  or  they  shall  have  been  respectively 
elected,  the  person  or  persons  chosen  or  appointed  to  fill  such  va 
cancy  shall  hold  the  office  only  for  the  unexpired  term  so  becoming 
vacant." 

This  extension  of  the  official  term  of  trustees  to  three  years, 
combined  with  .he  annual  choice  of  one  of  their  number,  is  a  very 
important  improvement  of  the  system,  securing  as  it  does,  unifor 
mity,  stability  and  harmony  in  the  councils  of  the  district,  and  pre 
venting  that  ignorance  of  its  previous  arrangements  and  affairs, 
which  has  so  frequently  been  found  not  only  to  paralyze  the  exer 
tions  of  new  trustees,  but  to  involve  them  in  pecuniary  embarrass 
ment  and  subject  them  to  personal  liability.  On  the  accession  of 
a  new  trustee,  under  the  present  arrangement,  he  will  find  two 
experienced  colleagues  already  in  office,  conversant  with  all  the 
affairs  of  the  district,  and  able  and  willing  to  aid  and  co-operate 
with  him  in  the  discharge  of  his  duties.  All  the  deliberations  and 
actions  of  the  board  under  this  arrangement,  will  partake  of  a 
greater  uniformity,  and  become  more  systematic.  Teachers  will 
be  likely  to  be  retained  for  a  longer  period  ;  contracts  will  be  likely 
to  be  more  promptly  fulfilled,  and  taxes  and  rate  bills  to  be  more 
accurately  made  out  and  more  speedily  collected ;  and  order  and 
harmony  will  gradually  succeed  to  the  chaotic  confusion  and  irre 
gularity  which  have  too  generally  characterized  the  records,  the 
councils  and  the  proceedings  of  trustees  ignorant  and  careless  of 
their  duty,  and  anxious  only  to  transfer  the  inextricable  embarrass 
ments  of  their  district,  unexplained  and  inexplicable,  to  their  suc 
cessors. 

One  important  operation  of  the  provision  in  question,  will  be  as 
before  observed,  to  prevent  the  district  from  changing  the  time  of 
its  annual  meeting,  thereby  avoiding  those  frequent  misunderstand 
ings  as  to  the  period  when  officers  of  the  district  are  to  be  chosen, 
from  which  so  many  profitless  and  vexatious  controversies  have 
arisen. 

The  duties  of  trustees  may  be  arranged  under  the  following 
general  heads : 

1,  The  receipt  and  application  of  public  money. 
,     2.  The  calling  of  annual  and  special  meetings. 

3.  The  assessment  and  collection  of  district  taxes. 

4.  The  purchase  or  lease  of  sites  ;  building,   hiring,  or  purchas 
ing  of  school-houses,  the  repairing  and  furnishing  such  houses  with 
necessary  fuel  and  appendages,  and  their  custody  and  safe-keeping; 


197 

and  the  sale  of  such  sites  and  houses  when  no  longer  required  for 
district  purposes. 

5.  The  employment  of  teachers,  and  their  payment ;  and  the 
making  out  and  collection  of  rate-bills. 

6.  Their  duties  in  reference  to  the  district  library. 

7.  The  making  of  annual  reports. 

8.  The  accounting  to  their  successors  and  the  district,  at  the  ex 
piration  of  their  term  of  office  ;  and  paying  over  balances  on  hand. 

9.  Suits  by  and  against  them. 
10.  Miscellaneous  provisions. 

I.    THE  RECEIPT  AND  APPLICATION  OF  PUBLIC  MONEY. 

By  the  10th  section  of  the  school  act  of  1847,  (No.  35,)  it  is 
made  the  duty  of  the  Town  Superintendent  to  pay  over  the  propor 
tion  of  teacher's  money  to  which  each  district  may  be  entitled  on 
its  annual  report  for  the  preceding  year,  "on  the  written  order  of  a 
majority  of  the  trustees  of  such  district  to  the  teacher  entitled  to 
receive  the  same." 

This  order  may  be  in  the  following  form  : 

A.  B.  Esq.  Town  Superintendent  of  common  schools  of  the  town 
of  pay  C.  D.  a  teacher  duly  employed  by  us,  and  qualified 

according  to  law,  fifteen  dollars,  that  being  the  amount  which  he  is 
entitled  to  receive,  out  of  the  funds  in  your  hands,  applicable  to  the 
payment  of  teachers'  wages,  and  apportioned  to  our  district.  Dated 
at  this  day  of  18 

-p    F  \  Trustees 
Jr  TT'  ?  District 
G-  H*JNo. 

Upon  the  day  of  the  annual  apportionment,  or  as  soon  as  possible 
thereafter,  the  trustees  should  call  upon  the  Town  Superintendent, 
or  send  one  of  their  number,  or  the  clerk,  with  an  order  signed  by 
them,  or  a  majority  of  them,  for  the  share  of  library  money  due 
their  district.  If  the  Town  Superintendent  withholds  such  money, 
without  justifiable  cause,  it  is  the  duty  of  the  trustees  to  prosecute 
for  the  same.— §  114,  (No.  134.) 

The  teachers  should,  if  possible,  present  their  orders  at  the  same 
time,  so  that  all  the  public  money  belonging  to  the  district  may  at 
once  be  paid  over  and  duly  receipted. 

To  entitle  a  district  to  its  share  of  teachers'  money,  it  must  ap 
pear  from  its  annual  report  "  that  a  school  had  been  kept  therein 
for  at  least  six  months  during  the  year,  ending  at  the  date  of  such 
report,  by  a  qualified  teacher,"  after  obtaining  a  certificate  of  com 
petency  from  the  proper  authority  ;  that  all  the  teachers'  money 
received  during  the  year  has  been  expended  in  the  payment  of 
such  teacher  ;  "  that  no  other  than  a  duly  qualified  teacher  had  at 
any  time  during  the  year,  for  more  than  one  month,  been  employed 
to  teach  the  school  in  said  district;"  and  such  report  must,  in  all 
other  respects,  be  in  accordance  with  law,  and  the  requisitions  and 
instructions  of  the  Superintendent,  made  in  pursuance  of  law.  In 


198 

other  words,  it  must  be  in  the  form  prescribed  by  the  Superintend 
ent,  and  must  contain  all  the  information  required  by  law  and  by 
the  department  to  be  given. 

There  are  two  classes  of  cases  in  which  relief  may  be  sought  for 
the  refusal  of  the  Town  Superintendent  to  apportion  or  pay  over 
public  money  to  a  district. 

1st.  Where  it  is  supposed  his  decision  is  erroneous  upon  some 
question  of  fact,  or  some  principle  of  law.  In  such  case  the  remedy 
is  by  appeal  to  the  State  Superintendent,  in  the  manner  prescrib 
ed  by  the  regulations  concerning  appeals.  The  interest  of  the  dis 
trict,  as  well  as  of  other  districts,  requires  that  the  proceedings 
should  be  prompt,  as  an  appeal  stays  further  action  by  the  Town 
Superintendent. 

2d.  Where  there  has  been  any  accidental  omission  to  comply 
with  any  provision  of  law  or  any  regulation  of  the  Superintendent, 
in  consequence  of  which  an  apportionment  of  public  money  has 
not  been  made.  In  such  cases  a  general  authority  is  given  to  the 
State  Superintendent,  by  §  14  of  the  act  of  1847,  (No.  39,)  to 
cause  the  apportionment  to  be  made,  on  the  equitable  circumstances 
of  the  case,  and  a  similar  authority  is  given  in  relation  to  library 
money  by  the  last  clause  of  §  6  of  the  act  of  1839,  §  142,  (No. 
161. 

These  provisions  are  intended  only  for  cases  of  accidental  and 
unintentional  omissions,  and  the  authority  given  by  them  will  not 
be  exercised  where  there  is  a  wilful  disobedience  of  law,  or  a  per 
verse  and  intended  violation  of  any  regulation. 

Applications  for  relief  in  this  class  of  cases  should  be  made  as 
soon  as  the  omission  is  discovered,  in  order  to  prevent  the  incon 
venience  of  correcting  the  apportionment  after  it  has  been  acted 
upon  ;  and  any  unnecessary  delay  will  in  itself  form  a  strong  ground 
of  declining  to  grant  the  relief  desired. 

The  facts  and  circumstances  on  which  the  application  is  founded 
must  be  verified  by  affidavit. 

APPLICATION    OF    SCHOOL    MONEY     RAISED    BY    OR    BELONGING    TO    A 

TOWN. 

If  there  are  any  other  common  school  funds  belonging  to  the 
town,  arising  from  their  poor-moneys,  or  from  their  gospel  and 
school  lots,  any  portion  of  which  is  received  by  the  trustees  of  a 
joint  district,  they  are  to  apply  such  portion  exclusively  for  the  be 
nefit  of  the  parents  of  the  children  attending  the  school  belonging 
to  the  town  owning  such  fund.  And  the  trustees  should  be  careful 
not  to  apply  any  part  of  the  money  in  their  hands,  coming  from  the 
common  school  fund  belonging  to  a  town,  to  the  purchase  of  a  libra 
ry,  or  to  any  other  purpose  than  the  support  of  common  schools. 

DIVISIONS  OF  TEACHERS'  MONEY  INTO  PORTIONS. 

By  subdivision  9  of  §  82,  (No.  103,)  trustees  are  authorized  "to 
divide  the  public  moneys  received  by  them,  whenever  authorized 


199 

by  a  vote  of  their  district,  into  not  exceeding  four  portions  for  each 
year  ;  and  to  assign  and  apply  one  of  such  portions  to  each  quarter 
or  term,  during  which  a  school  shall  be  kept  in  such  district  for  the 
payment  of  the  teachers'  wages,  during  such  quarter  or  term." 
Where  no  action  is  had  on  the  subject  by  the  district,  trustees  have 
the  right  to  appropriate  the  public  money  in  such  proportions  to 
the  different  terms  as  they  may  deem  expedient.  It  is  not  essen 
tial  that  the  public  money  should  be  paid  exclusively  for  services 
rendered  during  the  year  in  which  it  is  received :  if  the  whole 
amount  received  be  applied  during  the  year  to  the  payment  of  the 
compensation  of  qualified  teachers,  it  is  immaterial  whether  such 
wages  were  earned  wholly  during  that  year,  or  in  part  the  year 
previous.  It  is  of  frequent  occurrence  for  teachers  to  commence 
their  term  in  November  or  December,  and  end  in  the  succeeding 
spring ;  and  there  is  no  impropriety  or  illegality  in  paying  their 
wages  for  the  whole  term,  wholly  or  in  part,  from  the  public  money 
received  after  its  close. 

The  teachers'  money  can  be  applied  only  to  the  benefit  of  such 
schools  as  are  established  by  trustees  of  districts  in  pursuance  of 
law. —  Com.  School  Dec.  55. 

Where  any  portion  of  the  teachers'  money  is  applied  to  the  pay 
ment  of  the  wages  of  a  teacher  not  duly  qualified,  or  is  otherwise 
illegally  appropriated,  the  trustees,  under  whose  authority  such  ex 
penditure  is  made,  are  personally  liable  to  the  district  for  the 
amount. — Id.  213. 

ACCOUNT    BOOKS. 

Trustees  are  required  by  §  104  of  the  act  of  1847,  (No.  127,) 
to  keep  an  account  in  a  book  to  be  provided  for  that  purpose  by 
them,  from  time  to  time,  as  shall  be  necessary,  of  all  moneys  re 
ceived  and  paid  out  by  them,  in  their  official  capacity ;  and  a  state 
ment  of  all  moveable  property  belonging  to  the  district.  This  ac 
count  and  statement  is  to  be  entered  at  large  and  signed  by  them, 
at  or  before  each  annual  meeting  in  their  district.  They  should 
charge  themselves  on  one  page  with  the  whole  amount  of  money 
received  by  them,  either  from  the  Town  Superintendent  or  on  tax 
lists  or  rate  bills,  specifying  particularly  the  source  whence  derived 
and  the  time  when  received;  and  on  the  opposite  page  credit  them 
selves  with  the  respective  expenditures  and  payments,  specifying 
particularly  to  whom,  when  paid,  and  for  what  purpose,  and 
referring  to  the  proper  vouchers,  on  file,  whenever  practica 
ble. 

On  another  page  they  should  make  an  accurate  inventory  of  all 
the  moveable  property  belonging  to  the  district,  such  as  the  library 
of  the  district,  stating  the  number  of  volumes  and  their  condition, 
and  giving  a  catalogue  of  the  books,  wherever  a  general  reference 
cannot  properly  be  made,  as  to  the  1st,  2d,  3d,  &c.,  series  of  the 
Harper  Library,  or  Nos.  1,  2,  3,  &c.,  of  the  Harper  Library  or 


200 

Family  Library,  &c.,  &c.,  and  the  furniture,  appendages,  and  ap 
paratus  of  the  school-room,  specifying  each  article.  The  whole  to 
be  followed  by  a  certificate  in  the  following  form : 

We,  the  subscribers,   Trustees  of  District  No.         in  the  town 
Trenton,  do  hereby  certify  that  the  preceding,  from  page  to 

page  inclusive,  contains  a  true  and  accurate  account  of  all 

the  moneys  received  by  us  for  the  use  of  said  district,  and  of  the 
expenditures  thereof;  and  a  correct  statement  and  inventory  of  all 
the  moveable  property  belonging  to  said  district. 
Dated  this         day  of  18    ji10 

A.  B.) 

C.  D.  \     Trustees. 

E.  F.) 

LIBRARY   MONEY. 

The  library  money  is  to  be  paid  over  to,  or  on  the  order  of,  a 
majority  of  the  trustees,  on  its  appearing  from  the  annual  report 
that  "  the  library  money  received  at  the  last  preceding  ap 
portionment  was  duly  expended  according  to  law,  (in  the  purchase 
ef  books  suitable  for  a  district  library,  or  in  the  purchase  of  maps, 
globes,  black-boards  or  other  scientific  apparatus  for  the  use  of  the 
schools,  in  the  cases  and  in  the  mode  prescribed  by  the  late  law, 
and  which  will  be  hereafter  considered,&c.7)  on  or  before  the  first  day 
of  October  subsequent  to  such  apportionment."  The  report  must 
uniformly  be  accompanied  with  a  catalogue  of  the  books  and  ap 
paratus,  &c.,  purchased  since  the  last  preceding  catalogue  was  fur 
nished,  and  must  state  accurately  the  number  of  volumes,  and 
their  condition ;  and  when  the  money  has  been  expended  in  the 
purchase  of  apparatus,  &c.,  the  authority  under  which  such  ex 
penditure  has  been  made,  and  a  full  and  particular  inventory  of 
Ihe  articles  purchased,  must  be  specifically  reported. 

II.      THE  CALLING  OF  ANNUAL  AND  SPECIAL  MEETINGS. 

Trustees  have  power  to  call  special  meetings  of  the  inhabitants 
of  their  district  liable  to  pay  taxes,  whenever  they  shall  deem  it 
necessary  and  proper.  This  power  should  be  liberally  exercised 
for  the  benefit  of  the  district ;  and  special  meetings  should  be  call 
ed  by  the  trustees,  whenever  requested  for  a  proper  and  legitimate 
purpose,  by  a  respectable  number  of  inhabitants.  The  trustees 
should  act  as  a  board,  whenever  such  meetings  are  directed  to  be 
called ;  and  they,  or  a  majority  of  them,  when  all  have  been  noti 
fied,  may  require  the  clerk  of  the  district,  either  verbally  or  in  wri 
ting,  to  give  the  necessary  notices  to  the  inhabitants.  The  object 
©f  the  meeting  should,  in  all  cases,  be  specified  in  the  notice. 
Where  there  is  no  clerk  of  the  district,  or  he  is  absent  or  incapa 
ble  of  acting,  any  one  of  the  trustees,  designated  by  the  board,  may- 
give  the  notices. 


201 

Where  the  time  for  holding  the  annual  meeting  has  for  any  rea 
son  passed,  without  the  election  of  officers,  and  neither  the  clerk 
nor  acting  trustees  give  the  necessary  notices  for  a  special  meeting, 
authorized  by  §  68  (No.  90,)  within  twenty  days  thereafter,  any 
inhabitant  of  the  district,  qualified  to  vote,  is  authorized  by  §  66, 
(No.  88,)  to  notify  such  meeting  in  the  manner  provided  by  law, 
in  case  of  the  formation  of  a  new  district ;  and  the  officers  chosen 
at  any  such  special  meeting  hold  their  office  until  the  next  annual 
meeting. 

III.    ASSESSMENT    AND     COLLECTION  OF  DISTRICT  TAXES. 

This  duty  is  one  of  the  most  difficult  and  perplexing  devolved 
upon  trustees  ;  requiring  for  its  proper  and  legal  exercise  a  strict 
conformity  to  the  statutes  in  form  as  well  as  substance.  A  careful 
examination  and  collation  of  their  various  provisions  in  this  respect 
becomes  indispensable.  Any  departure  from  the  specific  directions 
thus  given  is  almost  sure  to  subject  the  trustees  to  serious  personal 
liability,  for  which  no  indemnity  is  provided,  as  well  as  to  cause 
embarrassment  and  confusion  in  the  affairs  of  the  district  gener 
ally. 

In  order  to  enable  them  to  execute  this  portion  of  their  duties 
with  accuracy  and  ease,  the  several  steps  of  the  process  will  be 
distinctly  and  particularly  pointed  out ;  and  such  directions  given 
as  will,  it  is  hoped,  prevent  all  liability  to  error  in  its  future  per 
formance. 

I.    GENERAL    PROVISION. 

The  general  duty  of  trustees  under  this  head,  is  comprised  in 
the  3d  and  4th  subdivisions  of  §  82,  (No.  103,)  and  is  as  follows: 
"  To  make  out  a  tax  list  of  every  district  tax  voted  by  any  such 
meeting,  (special,  annual  or  adjourned,)  containing  the  names  of 
all  the  taxable  inhabitants  residing  in  the  district  at  the  time  of 
making  out  the  list,  and  the  amount  of  tax  payable  by  each  inhab 
itant  set  opposite  to  his  name  and  to  annex  to  such  tax  list  a  warrant 
directed  to  the  collector  of  the  district,  for  the  collection  of  the 
sums  in  such  list  mentioned. 

2.    TAX  LIST  WHEN  TO  BE  MADE  OUT. 

By  §  99,  (No.  122,)  "  Every  district  tax  shall  be  assessed,  and 
the  tax  list  thereof  be  made  out  by  the  trustees,  and  a  proper  war 
rant  attached  thereto,  within  one  month  after  the  district  meeting 
in  which  the  tax  shall  have  been  voted. 

The  reason  of  this  provision  is  obvious.  Thelnhabitants  and 
property  of  school  districts  are  constantly  changing,  and  where  a 
tax  is  voted  for  a  specific  purpose,  it  should  be  assessed  only  upon 
those  for  whose  benefit  it  was  voted.  While  the  statute  should, 
therefore,  be  strictly  complied  with  whenever  it  can  be,  yet  if  a  lit- 


202 

eral  compliance  is  prevented  by  accident,  or  unavoidable  circum 
stances,  the  list  may  be  made  out  after  the  expiration  of  the  month 
or  thirty  days ;  as  the  statute  is  supposed  to  be  directory,  and  sim 
ilar  to  that  in  the  case  of  the  People  vs.  Allen,  6  Wendell,  486. 
The  regulations  of  the  Superintendent,  on  appeals,  have  allowed 
thirty  days,  within  which  any  person  aggrieved,  in  consequence  of 
the  proceedings  of  any  district  meeting,  may  appeal ;  and,  as  will 
hereafter  be  seen,  twenty  days'  notice  is  required  to  be  given  by 
the  trustees,  in  case  a  reduction  is  claimed,  or  aif  original  assess 
ment  becomes  necessary. 

In  the  first  case,  if  a  copy  of  the  appeal  be  served  prior  to  the 
expiration  of  the  month,  and  before  the  trustees  have  made  their 
assessment,  the  time  during  which  such  appeal  is  pending  is  not  to 
be  computed  as  part  of  the  month  within  which  the  tax  list  is  to  be 
made  out,  as  the  service  operates  as  a  stay  of  all  proceedings  in 
any  way  relating  to  or  consequent  upon  the  act  complained  of. 
Still  the  assessment,  when  made  out,  must  have  reference  to  the 
property  of  the  district,  as  it  existed  at  the  expiration  of  the  month. 
In  the  second  case,  the  trustees  should  make  out  their  tax  list 
within  the  month,  although  they  may  not  be  able  finally  to  complete 
it.  They  should,  however,  within  the  first  ten  days  after  the  meet 
ing  at  winch  the  tax  is  voted,  make  out  their  assessment ;  so  that  if 
a  reduction  is  claimed,  or  an  original  valuation  is  found  to  be  ne 
cessary,  they  can  give  the  twenty  days'  notice  required  by  law,  and 
complete  their  list  by  the  expiration  of  the  month. 

JZrrors  in  tax  lists  and  rate-bills  have  often  been  discovered 
after  they  were  made  out.  If  discovered  within  a  month  from 
the  time  the  tax  was  voted,  and  nothing  has  been  collected,  the 
trustees  may  recall  them,  correct  the  error,  and  redeliver  them  to 
the  collector.  But  after  the  expiration  of  the  month,  and  after 
any  tax  had  been,  in  whole  or  in  part  collected,  they  did  not, 
previously  to  the  act  of  1839,  (modified  by  the  act  of  1843,) 
possess  the  po*wer  of  correction.  In  consequence  they  were 
exposed  to  prosecutions  for  slight  and  accidental  errors  which 
might  have  been  easily  corrected  by  parties  who  did  not  choose  to 
take  the  more  convenient  and  summary  mode  of  appealing  to  the 
Superintendent.  This  is  now  effectually  remedied  by  §  13  of  the 
act  referred  to,  (No.  133,)  by  which  trustees  may,  with  the  appro 
bation  and  consent  of  the  state  superintendent,  correct  and  amend 
errors  in  making  out  any  tax  list  or  rate-bill  which  may  be  discov 
ered  prior  to  the  expenditure  of  the  amount  therein  directed  to  be 
raised,  and  may  refund  to  any  person  any  sum  improperly  collected 
in  consequence  of  such  error.  By  availing  themselves  of  this 
provision,  trustees  may  now  protect  themselves  from  vexatious 
suits.  They  need  not  wait  for  an  appeal  by  any  party  aggrieved, 
but  as  soon  as  they  become  aware  of  the  existence  of  any  error, 
they  should  proceed  at  once  to  correct  it,  and  to  refund  any  amount 
improperly  collected  in  consequence  of  such  error. 


203 

3.    HOW,  AND    UPON    WHOM  TO  BE  ASSESSED,  AND  FOR    WHAT 
PROPERTY. 

Trustees  are  required  by  §-85  of  the  act  of  1847,  (No.  108,)  to 
apportion  taxes,  "  on  all  taxable  inhabitants  of  the  district,  or 
corporations  holding  property  therein."  This  provision  includes, 
of  course,  all  actual  residents  of  the  district ;  and  is  extended  by 
§87,  (No.  110,)  to  "every  person  owning  or  holding  any  real 
property  within  any  school  district,  who  shall  improve  and  occupy 
the  same  by  his  agent  or  servant,"  whether  he  resides  in  the  district 
or  not.  They  are  also  to  apportion  taxes  ''  upon  all  real  estate 
lying  within  the  boundaries  of  such  district,  the  owners  of  which 
shall  be  non-residents,  and  which  shall  be  liable  to  taxation  for 
town  or  county  purposes,  and  shall  be  situated  within  three  miles 
of  the  site  of  the  school-house  in  such  district."  This  includes 
uncultivated  and  unimproved  lands  owned  by  non-residents,  and 
situated  in  the  district ;  and  is  an  extension  of  the  power  given  by 
§  78  of  the  old  act,  which  limited  the  lands  of  non-residents,  subject 
to  taxation,  to  those  which  were  actually  cleared  and  cultivated. 
The  trustees  may,  in  their  discretion,  omit  to  assess  any  tract  or 
parcel  of  unoccupied  non-resident  land  in  their  district,  where  the 
proportion  of  the  tax  payable  therefor,  would  not  amount  to  fifty 
cents.  This  provision  is  inserted  to  save  the  trouble  of  the  sub 
sequent  proceedings  rendered  necessary  in  such  cases,  where  so 
small  a  sum  only  can  be  finally  collected. 

The  apportionment  is  also  to  be  made  according  to  the  valua 
tions  of  the  taxable  property  which  shall  be  ow'ned  or  possessed 
by  them,  (the  inhabitants  of  the  district,  &c.  as  aforesaid,}  at  the 
time  of  making  out  such  list ;  within  such  district,  or  partly  within 
such  district  and  partly  in  an  adjoining  district. 

Taking  these  provisions  together,  the  following  general  princi 
ples  may  be  deduced: 

1.  All  the   actual  inhabitants  of  a  district  are   taxable  for  the 
whole  property,  real  and  personal,  owned  or  held  by  them  within 
the  district.     Executors    and  administrators  having  in  their  pos 
session  or  under  their  control  the  property  of  their  testator    or  in 
testate,  within  the  district  are  taxable  therefor,  in  their  represen 
tative  capacity,  as  executors,  &c. 

2.  They  are  also  taxable  for  any  real  property  owned  by  them, 
lying  partly  within   such  district  and  partly  in  an    adjoining    dis 
trict — that  is,  for  such  property  as  at  the  t.me  of  making  out   the 
tax  list  is  owned  by  them  and   intersected  by    the  boundaries  of 
the  district.     In  this  respect  the  old  law  is  not  substantially  alter 
ed.     Nor  is  it   in  any  sense  material  when  the   title  of  the  owner 
to  the  whole  or  any  part  of  the  land  so  intersected  accrued,  wheth 
er  before  or  after  the  organization  of  the  district,  so  that  it  be 
longed  to  him  at  the  time  of  making  out  the  tax   list,  and  is  then 
intersected  by  the  boundaries  of  such  district.     In  such  case,    no 
matter  what  may  be  the  respective  proportions  of  the  land  owned 


204 

in  each  district,  the  owner  is  taxable  for  the  whole  farm  or  proper 
ly  belonging  to  him,  and  which  is  connected  and  occupied  as  one  farm 
in  the  district  where  he  resides,  only :  and  being  so  liable  there,  he 
cannot,  of  course,  be  taxed  for  the  same  property  in  any  other  district. 
The  principles  of  law  applicable  to  the  taxation  of  school    dis 
trict  purposes,  of  real  estate  intersected  by  the  boundary  line    be 
tween  two  districts,  are  these  :  Each  inhabitant  of  a  school  district 
is  taxable,  under  §  85  act  of  1847,  (No.  108,)  in  the  district  where 
he  actually  resides    "  according  to  the    valuations  of  the  taxable 
property  which  shall  be  owned  or  possessed  by  him,  at  the  time  of 
making  out  such  list,  within  such   district,   or  partly   within    such 
district   and  partly  in  an  adjoining  district."     This    principle   has 
been  repeatedly  recognized  and  asserted ;  and  the  only  difficulty 
consists  in  its  practical  application  to  a  class  of  cases  supposed  to 
come  within  the  purview  of  a  series  of  decisions    made  by  Super 
intendents  FLAGG  and   Dix.  confining  its  operation  to  the  period 
of  the  organization  of  the  district.     At  page  24  of  the    volume  of 
"Common  School  Decisions,"   Mr.  FLAGG  says,  "The  principle  is, 
that  where  a  line  between  two  districts  runs  through  a  man's  farm, 
he  shall  be  taxed  for  the  whole  of  his  farm,  in  the  district   where 
his  house  stands,  or  where  he  resides."     And  he  observes   that  on 
this  point  the  law  is  clear,  and  that  such  has  been  the  construction 
given  it.     *f  The  same  principle,"  he  adds,  governs  the  town  assess 
ments;"  the  provision  of  law  in  this  respect  being  that  "wheie  the 
line  between  two  towns  divides  any  occupied  lot  or  farm,  the  same 
shall  be  taxed  in  the  town  where  the  occupant  lives,   provided  he 
or  she  lives  on  the  lot."  At  page  69,  however,  of  the  game  volume 
he  lays  down  the  rule  in  the  following  terms:  "Where  a   person 
purchased  a  lot  in  an  adjoining  district,  along  side  of  his  farm,  it 
was  decided  that  he  was  taxable  for  the  lot  purchased,  in  the  dis 
trict  where  it  was  situated.     If  his  farm  had  been  interesectcd  by 
the  district  line  when  the  commissioners  formed  it,  then  he  would 
have   been  assessed  for  his.  whole  farm  in  the    district   where   his 
house  was  situated ;  but  the  lot  purchased  is  a  distinct  lot,  and  the 
lines  of  districts  cannot  be  changed  by  individual  purchases"     The 
same  doctrine  is  asserted  in  a  subsequent  decision  made  by   Gen. 
Dix,  at  page  128  of  the  volume  referred  to.     These  two  decisions 
have  been  repeatedly  over-ruled  by  subsequent    Superintendents, 
upon  the  ground  that  they  establish  a  criterion  by  which  to  deter 
mine  the  liability  of  property   to  taxation,   in  the  class  of  cases 
under  consideration,  not  recognized  by  the  statute,   viz  :  intersec 
tion  by  the  boundary  line  of  the  district,  at  the  time  of  the  forma 
tion  of  the  district,   instead  of  at  the   time  of  making  out  the  tax 
list.     The  language  of  the   statute,  in  this  respect,  seems    to  be 
clear  and  explicit  :  u  In  making  out  a  tax  list,  the  trustees  of  school 
districts  shall  apportion  the  same  on  all  the  taxable  inhabitants  of 
the  district,  or  corporations  holding  property  therein,   according  to 
the   valuations  of  the  taxable  property  which  shall  be   owned  or 
possessed  by  them,   at  the  time  of  making   out  such  list,  within 


205 

such  district,  or  partly  within  such  district  and  partly  in  an   ad 
joining  district." 

The  owner  or  occupant  of  a  farm,  therefore,  situated  partly  in 
two  adjoining  districts,  is  taxable  in  the  district  where  he  actually 
resides,  for  the  whole  farm,  provided  he  occupies  or  improves  the 
whole  as  one  farm,  either  by  himself,  his  agents,  or  servants. 
So  if  the  owner  of  a  farm  situated  wholly  in  one  district,  purchases 
a  piece  of  land  adjoining  his  farm,  in  another,  and  occupies  the 
whole  as  one  farm,  it  is  taxable  only  in  the  district  where  such 
owner  resides. 

If,  however,  there  is  a  tenant  on  that  portion  of  the  farm  situated 
in  a  different  district  from  that  of  the  owner's  residence,  such  ten 
ant  is  taxable  in  the  district  where  he  resides,  for  so  much  of  the 
property  as  he  rents  or  leases. 

This  rule  of  taxation  in  no  respect  interferes,  as  has  frequently 
been  supposed,  and  as  seems  to  be  inferred  from  the  tenor  of  the 
above  named  decisions  of  Messrs.  Flagg  and  Dix,  with  the  boun 
daries  of  the  respective  districts.  They  remain  unaltered  and  un 
affected  ;  so  that  if  that  portion  of  a  farm  situated  in  a  district  other 
than  that  of  the  owner's  residence,  should  again  be  sold  to  an  in 
habitant  of  the  district  in  which  it  is  situated,  it  would  again  be 
come  taxable  in  that  district.  The  rule  is  one  simply  of  taxation  : 
and  no  more  interferes  with  the  territorial  organization  of  districts, 
than  does  the  corresponding  principle  applicable  to  town  assess 
ments,  with  the  boundary  lines  of  towns  or  counties.  It  is  based 
upon  the  injustice  and  inexpediency  of  requiring  an  inhabitant  of 
one  district  to  contribute  to  the  expense  of  supporting  the  schools 
in  another,  merely  because  a  part  of  his  farm  extends  beyond  the 
boundary  line  of  his  district,  and  operating,  as  it  does,  equally  in 
every  district,  furnishes  a  guide  to  trustees  in  the  assessment  of 
taxes,  which  relieves  them  from  much  embarrassment  and  labor, 
otherwise  unavoidable,  in  determining  as  to  the  relative  value  of 
detached  portions  of  the  same  farm  situated  on  either  side  of  the 
boundary  line  of  their  districts. 

3.  All  non-resident  owners  of  real  estate  in  the  district,  who  im 
prove  and  occupy  the  same  by  their  agents  or  servants,  are  by  §  87, 
(No.  110,)  taxable  therein  for  the  property  so  owned,  improved 
and  occupied,  in  the  same  manner  as  though  they  actually  resided 
therein.  This  provision  is  also  to  be  construed  in  connexion  with 
those  above  referred  to,  and  is  applicable  in  its  full  extent  only  to 
cases  where  the  property  so  occupied  is  wholly  situated  in  the  dis 
trict.  Where  it  is  situated  partly  in  the  district  where  the  owner 
actually  resides,  it  is  taxable  only  in  that  district.  And  where  it 
is  situated  partly  in  two  or  more  districts,  in  neither  of  which  the 
owner  resides,  each  districts  must  tax  such  owner  only  for  the  part 
actually  within  its  boundaries.  It  is  also  to  be  borne  in  mind  that 
this  class  of  cases  is  distinct  from  that  in  which  the  land  is  occupied 
by  a  tenant — and  also  from  that  in  which  it  is  so  occupied  by  a 
person  working  it  under  a  contract  for  a  share  of  the  produce  of 


206 

such  land.  In  each  of  these  cases  the  actual  possessor  is  to  be 
taxed  in  the  same  manner  as  though  he  were  the  owner.  See  §  86, 
(No.  109,)  and  §88,  (No.  111.) 

4.  All  real  estate  situate  in  a  district,  within  three  miles  of  the 
school-house   therein,  and  owned  by  non-residents,  not  included  in 
either  of  the  above  class  of  cases,  is  also  liable  to  taxation,  and 
forms  the  subject  of  the  directions  contained  in  §  89  to  95   inclu 
sive,  in  the  act  of  1847,  (Nos.  112  to  118,  both  inclusive.) 

5.  Land  in  the  district  belonging  to  corporations,  whether  cul 
tivated  or  not,  is  taxable  for  school  district  purposes.     The  provi 
sion  in  the  act  of  1847,  in  this  respect,  produces  a  material  altera 
tion  of  the  law  as  it  formerly  stood,  and  renders  turnpike,  railroad 
and  plank  road  corporations  taxable  for  so  much  of  the  land  owned 
by  them  as  is  situated  within  the  respective  school  districts  through 
which  their  roads  pass.     Such  corporations   and  all  others,  are  to 
be  regarded  as  residents  of  the  districts  where  their  principal  place 
of  carrying  on  business  is  situated,  and  non-residents  elsewhere. 

By  a  decree  of  the  Chancellor  of  this  state,  4th  vol.  Paige's 
Chan.  Rep.  384,  it  has  been  decided  that  railroad  «'  companies, 
whose  stock,  or  the  principal  part  thereof,  is  vested  in  the  lands 
necessary  for  their  roads,  and  in  their  railways  and  other  fixtures 
connected  therewith,  are  taxable  on  that  portion  of  their  capital  as 
real  estate  in  the  several  towns  or  wards  in  which  such  real  estate 
is  situated."  They  are,  of  course,  taxable  in  school  districts  for 
common  school  purposes,  on  so  much  of  such  real  estate  as  is  inclu 
ded  within  the  boundaries  of  those  districts. 

In  the  decree  referred  to,  it  was  also  decided  that  such  real 
estate  "  is  to  be  taxed  upon  its  actual  value  at  the  time  of  the  as 
sessment,  whether  that  value  is  more  or  less  than  the  original  cost 
thereoff" 

In  ascertaining  the  value  of  so  much  real  estate  as  is  included 
within  the  boundaries  of  a  school  district,  the  trustees  must,  from 
the  necessity  of  the  case,  be  guided  by  the  best  evidence  which  it 
is  in  their  power  to  obtain.  They  should  ascertain  from  the  as 
sessment  roll  of  the  town  the  aggregate  value  of  so  much  of  the 
real  estate  of  the  company  as  is  within  the  town.  They  should 
then  ascertain  whether  the  proportion  of  that  value,  in  respect  to 
the  railway  included  within  their  district,  is  equal  to  the  value  of 
the  whole  of  the  real  estate  of  the  company  included  within  an 
other  district,  in  which  the  length  of  the  railway  is  the  same.  This 
cannot  always  be  the  case,  for  within  the  boundaries  of  one  school 
district  the  company  will  have  a  depot,  while  it  has  none  in  anoth 
er  district.  Within  one  school  district  the  railway  may  have  a 
double,  while  in  another  it  may  have  but  a  single  track.  All  these 
circumstances  must  be  ascertained  and  taken  into  consideration  by 
the  trustees.  If  the  company  has  in  a  school  district  nothing  but 
its  railway,  and  has  a  depot  within  the  same  town,  then  the  value 
of  the  depot  should  be  deducted  from  the  valution  of  the  real  es 
tate  of  the  company  on  the  last  assessment  roll  of  the  town,  as  pre- 


207 

liminary  to  a  valuation  of  that  part  of  the  railway  which  is  within 
the  boundaries  of  such  district. — Com.  School  Dec.  350. 

The  same  principles  are,  in  the  main,  applicable  to  plank  road 
corporations. 

Banks  are  taxable  for  common  school  purposes. — Id.  87. 

Associations  formed  under  the  general  banking  law  are  corpora 
tions,  and  as  such  are  liable  to  taxation  on  their  capital. — 1  Hill's 
Rep.  616;  Sid.  389. 

By  chap.  327,  Laws  of  1846,  "  rents  reserved  in  any  leases  in 
fee,  or  for  one  or  more  lives,  or  for  a  term  of  years  exceeding 
twenty-one  years,  and  chargeable  upon  lands  in  any  town  or  ward," 
are  to  be  "assessed  to  the  person  or  persons  entitled  to  receive  the 
same  as  personal  estate,  at  a  principal  sum,  the  interest  of  which, 
at  the  legal  rate  per  annum,  shall  produce  a  sum  equal  to  such  an 
nual  rents;  and  in  case  such  rents  are  payable  in  any  other  thing 
except  money,  the  value  of  such  annual  rents  in  money  shall 
be  ascertained  by  the  assessors,  and  the  same  shall  be  assessed  in 
manner  aforesaid."  Trustees  of  districts  are  to  include  this  spe 
cies  of  property  in  their  tax  lists  ;  and  if  no  property  can  be  found 
on  which  to  levy,  and  the  tax  remains  unpaid,  the  collector  should 
return  accordingly,  and  the  trustees  apply  to  the  County  Treasur 
er,  who  is  required  to  issue  his  warrant  to  the  Sheriff  of  the  Coun 
ty  where  any  real  or  personal  estate  of  the  person  upon  whom 
such  tax  is  imposed,  may  be  found,  for  the  collection  thereof. 

PROCEEDINGS  IN  CASE     OF  UNOCCUPIED    AND    UNIMPROVED    NON 
RESIDENT    LANDS. 

Where  any  real  estate  within  a  district,  liable  to  taxation,  is  un 
occupied,  the  trustees,  at  the  time  of  making  out  their  tax  list,  are 
required  by  §  89  of  the  act  of  1847,  (No.  112,)  whenever  they 
impose  a  rax  on  such  property,  "  to  make  out  and  insert  in  such  tax 
list  a  statement  and  description  of  every  such  lot,  piece  or  parcel  of 
land  so  owned  by  non-residents  therein,  in  the  same  manner  as  re 
quired  by  law  from  town  assessors,  in  making  out  the  assessment 
rolls  of  their  towns."  If  the  tax  is  returned  by  the  collector  un 
paid,  upon  receiving  from  him  an  account  thereof,  with  the  descrip 
tions  of  the  property,  as  directed  to  be  made,  and  the  amount  of 
the  tax,  together  with  an  affidavit  of  the  fact  of  non-payment,  and 
of  due  diligence  used  for  the  collection,  the  trustees  are  to  credit 
him  with  the  amount,  §  90,  (No.  113,)  to  compare  the  account  so 
rendered  with  the  original  tax  list,  certify  to  its  accuracy,  and  trans 
mit  it,  together  with  the  collectors  affidavit  and  their  certificate,  to 
the  county  treasurer,  §  91,  (No.  114,)  who  is  to  pay  the  amount  so 
returned  out  of  any  moneys  in  the  treasury  raised  for  contingent 
expenses.  §  92,  (No.  115.) 

Such  county  treasurer  is  to  lay  the  account,  affidavit  and  cer 
tificate  before  the  board  of  supervisors,  who  are  to  cause  the 
amount  of  such  unpaid  taxes,with  seven  per  cent  in  addition,  to  be 
levied  on  the  lands  of  the  respective  non-residents  liable  to  pay  the 


208 

same ;  which  amount,  when  collected,  is  to  be  returned  to  the 
county  treasurer,  to  reimburse  the  amount  so  advanced,  with  the 
expense  of  collection.  §  93,  (No.  116.) 

Any  person  whose  lands  are  included  in  any  such  account,  may 
pay  the  tax  assessed  thereon  to  the  county  treasurer,  at  any  time 
before  the  board  of  supervisors  shall  have  directed  the  same  to 
be  levied.  §  94,  (No.  117.) 

The  same  proceedings  are  to  be  had  for  the  collection  of  the 
amount  so  directed  to  be  raised  by  the  board  of  supervisors,  as  are 
provided  by  law  in  relation  to  taxes  on  non-resident  lands  general 
ly ;  and  upon  a  return  to  the  comptroller  of  the  arrears  uncollected 
the  amount  is  to  be  paid  on  his  warrant  to  the  county  treasurer, 
and  the  state  is  to  collect  the  same  in  the  manner  prescribed  by  law 
in  respect  to  arrears  of  county  taxes  upon  lands  of  non-residents, 
§  95,  (No.  118.) 

To  enable  the  trustees  better  to  perform  the  duties  thus  devolv 
ing  upon  them,  that  part  of  the  Revised  Statutes  referred  to  in  § 
89,  (No.  112,)  and  which  is  applicable,  is  hereto  annexed : 

"  §  11.  The  lands  of  non-residents  shall  be  designated  in  the 
same  assessment  roll,  but  in  a  part  thereof  separate  from  the  oth 
er  assessments,  and  in  the  manner  prescribed  in  the  two  following 
sections. 

"  §  12.  If  the  land  to  be  assessed  be  a  tract  which  is  subdivided 
into  lots,  or  be  part  of  a  tract  which  is  so  subdivided,  the  assessors 
shall  proceed  as  follows  : 

"  1.  They  shall  designate  it  by  its  name,  if  known  by  one,  or 
if  it  be  not  distinguished  by  a  name,  or  the  name  be  unknown,they 
shall  state  by  what  other  lands  it  is  bounded : 

"  2.  If  they  can  obtain  correct  information  of  the  subdivisions, 
they  shall  put  down  in  their  assessment  rolls,  and  in  a  first  column, 
all  the  unoccupied  lots  in  their  town  or  ward,  owned  by  non-resi 
dents,  by  their  numbers  alone  and  without  the  names  of  their  own 
ers,  beginning  at  the  lowest  number  and  proceeding  in  numerical  or 
der  to  the  highest  : 

"  3.  In  a  second  column,  and  opposite  to  the  number  of  each 
lot,  they  shall  set  down  the  quantity  of  land  therein  liable  to  taxa 
tion  : 

"  4.  In  a  third  column,  and  opposite  to  the  quantity,  they  shall 
set  down  the  valuation  of  such  quantity  : 

"  5.  If  such  quantity  be  a  full  lot,  it  shall  be  designated  by 
the  number  alone  j  if  it  be  a  part  of  a  lot,  the  part  must  be 
designated  by  boundaries,  or  in  some  other  way,  by  which  it  may 
be  known. 

"  §  13.  If  the  land  so  to  be  assessed  be  a  tract  which  is  not  sub 
divided,  or  if  its  subdivisions  cannot  be  ascertained  by  the  assess 
ors,  they  shall  proceed  as  follows  : 

"  1.  They  shall  enter  in  their  roll  the  name  or  boundaries  there 
of,  as  above  directed,  and  certify  in  the  roll  that  such  tract  is  not 
subdivided,  or  that  they  cannot  obtain  correct  information  of  the 
subdivisions,  as  the  case  may  be : 


209 

(i  2.  They  shall  set  down  in  the  proper  column  the  quantity  and 
valuation  as  above  directed : 

"  3.  If  the  quantity  to  be  assessed  be  the  whole  tract,  such  de 
scription  by  its  name  or  boundaries  will  be  sufficient ;  but  if  a  part 
only  is  liable  to  taxation,  that  part  or  the  part  not  liable  must  be 
.particularly  described : 

"  4.  If  any  part  of  such  tract  be  settled  and  occupied  by  a  res 
ident  of  the  town  or  ward,  the  assessors  shall  except  such  part  from 
their  assessment  of  the  whole  tract,  and  shall  assess  it  as  other  oc 
cupied  lands  are  assessed." 

The  residue  of  the  sections  relates  to  the  making  of  a  map  which 
is  supposed  not  to  be  applicable  to  trustees  of  school  districts  ;  if  a 
map  is  already  on  file,  the  trustees  might  refer  to  it  in  aid  of  their 
descriptions. 

4.    VALUATIONS  OF  PROPERTY,  HOW  ASCERTAINED,  AND  MODE  OF 
PROCEEDING  WHEN  RE-DUCTION  IS  CLAIMED. 

The  valuations  of  taxable  property  are  to  be  ascertained,  as  far 
-as  possible,  from  the  last  assessment  roll  of  the  town,  and  no  person 
is  entitled  to  any  reduction  in  the  valuation  so  ascertained,  unless 
lie  gives  notice  of  his  claim  to  such  reduction  to  the  trustees  of  the 
district  before  the  tax  list  shall  be  made  out. — §  96,  (No.  119.) 

The  assessment  roll  of  the  town,  when  signed  and  certified  ac 
cording  to  the  provisions  of  the  26th  section  of  title  2,  chap.  13,  1 
Revised  Statutes,  is  to  be  deemed  the  last  assessment  roll  of  the 
town.  By  §  27,  of  the  same  title,  this  roll  is  to  be  delivered  to  the 
supervisor  of  the  town  on  or  before  the  first  day  of  September  in 
each  year,  to  be  by  him  delivered  to  the  board  of  supervisors  at 
-their  next  meeting. 

According  to  the  opinion  of  the  supreme  court  in  7  Wendell,  89, 
the  roll  is  then  to  be  deemed  completed,  so  that  the  trustees  may 
use  it  as  the  basis  of  their  tax  list.  It  is  true  that  it  may  after 
wards  be  altered  by  the  board  of  supervisors,  by  increasing  or 
diminishing  the  aggregate  valuation  of  real  estate  of  the  town  to 
make  it  correspond  with  that  of  other  towns.  But  it  is  obvious 
this  will  not  affect  the  proportion  between  the  inhabitants  of  the 
same  town,  so  that  an  assessment  apportioned  on  either  roll  would 
be  the  same,  so  far  as  the  real  estate  is  concerned.  Should  the 
proportions  be  varied  when  real  and  personal  estates  are  assessed 
to  the  same  person,  yet  under  the  decision  referred  to,  the  tax  list 
made  out  upon  the  assessment  roll  as  completed  by  the  assessors 
before  any  variation  made  by  the  supervisors  would  be  valid.  If 
any  change  is  made  by  them,  a  subsequent  tax  list  should  vary  also 
in  the  same  particulars.  Generally,  the  roll  completed  by  the  as 
sessors  will  be  a  guide,  but  the  trustees  cannot  be  safe  without  re 
curring  to  the  roll  after  its  correction  by  the  supervisors,  as  it  has 
been  held  by  the  supreme  court  in  the  case  above  referred  to,  and 
in  other  cases,  that  if  the  tax  list  is  made  upon  an  assessment  roll 
that  is  not  the  last  valid  one,  the  trustees  will  be  personally  liable. 
14 


210 

The  question  is  often  raised,  how  far,  and  to  what  extent,  the 
last  assessment  roll  of  the  town  is  to  be  followed  in  the  valuations 
of  trustees  in  levying  taxes.  It  is  to  be  adopted  as  the  sole  guide, 
where  a  valuation  has  actually  been  made  by  the  assessors  on  pro 
perty,  the  condition  of  which  remains  substantially  the  same.  But 
where  improvements  have  been  made  on  real  estate  which  has 
thereby  actually  been  enhanced  in  value  since  the  last  assessment 
roll  was  completed,  or  where  any  material  change  has  occurred  in 
the  situation  of  the  property,  it  is  obvious  that  the  last  assessment 
roll  ceases  to  be  a  standard  of  valuation.  So,  where  an  inhabitant 
acquires  or  parts  with  personal  property,  since  the  assessment  roll 
was  made  out.  And  it  is  to  be  recollected  that  trustees  are  bound 
to  follow  the  last  assessment  roll  as  far  as  possible,  only  with  refer 
ence  to  the  valuations  of  property.  Where  it  has  changed  hands, 
they  are  to  put  the  assessment  to  the  present  owner,  adopting  the 
valuation  of  the  town  assessors.  Where,  for  instance,  one  inhabi 
tant  sells  his  farm  to  another,  the  trustees,  in  levying  a  tax,  are  to 
assess  the  farm  to  the  vendee,  at  the  valuation  of  the  town  asses 
sors,  where  no  substantial  improvement  enhancing  its  value  has  oc 
curred  in  the  mean  time  ;  reducing,  if  the  circumstances  require  it, 
the  valuation  of  his  personal  property,  by  the  amount  paid  or  se 
cured  to  be  paid  as  the  consideration  money  of  the  purchase,  and 
increasing  by  the  same  amount  the  valuation  of  the  personal  estate 
of  the  vendor.  In  either  of  these  cases,  however,  as  an  original 
valuation  by  the  trustees  in  part  would  become  necessary,  the  pro 
ceedings  prescribed  by  §  97,  (No.  120,)  would  be  requisite.  But 
where  a  mere  exchange  of  real  estate  is  effected,  no  change  in  the 
valuations  should  be  made,  unless  in  the  cases  above  specified,  of 
substantial  improvements  or  alterations  ;  the  names  of  the  respec 
tive  persons  liable,  only,  requiring  to  be  changed. 

Where  a  reduction  is  duly  claimed,  and  where,  for  any  reason, 
the  valuation  of  taxable  property  cannot  be  ascertained  from  the 
last  assessment  roll  of  the  town,  the  trustees  are  required  by  §  97, 
(No.  120,)  to  "  ascertain  the  true  value  of  the  property  to  be  taxed 
from  the  best  evidence  in  their  power,  giving  notice  to  the  persons 
interested,  and  proceeding  in  the  same  manner  as  the  town  asses 
sors  are  required  by  law  to  proceed  in  the  valuations  of  taxable 
property."  The  proceedings  to  be  had  in  such  cases  are  specifically 
and  particularly  pointed  out  in  the  following  extract  from  the 
Revised  Statutes  as  amended  by  chap.  176,  laws  of  1851  relating 
to  the  assessment  of  taxes.  Substituting  the  word  "  trustees"  for 
"  assessors,"  wherever  it  occurs,  the  directions  there  given  will 
afford  a  perfect  guide  in  all  proceedings  under  section  97.  It  has 
been  decided  by  the  Superintendent,^.  319  Decisions,  &c.  that  the 
notice  may  be  given  by  posting  it  in  three  public  places.  It  is  to 
be  given  in  all  cases  of  variation  from  the  town  assessment  roil. 

"§  6,  [Act.  of  1851.]  Whenever  any  person  on  his  own  behalf, 
or  on  behalf  of  those  whom  he  may  represent,  shall  apply  to  the  as 
sessors  of  any  town  or  ward  to  reduce  the  value  of  his  real  and 


211 

personal  estate,  as  set  down  in  their  assessment  roll,  it  shall  be  the 
duty  of  such  assessors  to  examine  such  person  under  oath,  touching 
the  value  of  his  or  their  said  real  or  personal  estate,  and  after  such 
examination  they  shall  fix  the  value  thereof,  at  such  amount  as 
they  may  deem  just,  but  if  such  person  shall  refuse  to  answer  any 
question  to  the  value  of  his  real  or  personal  estate,  or  the  amount 
thereof,  the  said  assessors  shall  not  reduce  the  value  of  such  real  or 
personal  estate.  The  examination  so  taken  shall  be  written,  and 
shall  be  subscribed  by  the  person  examined,  and  shall  be  filed  in 
the  office  of  the  town  clerk  of  the  town  or  city  in  which  such  as 
sessment  shall  be  made,  and  any  person  who  shall  wilfully  swear 
falsely  on  such  examination  before  the  assessors,  shall  be  deemed 
guilty  of  wilful  and  corrupt  perjury. 

"  §  7.  The  assessors  of  the  several  towns  and  wards  of  this 
State,  shall  have  power  to  administer  oaths  to  any  person  applying 
to  them  under  the  provisions  of  the  sixth  section  of  this  act. 

"  §  17,  (R.  S.)  All  real  and  personal  estate  liable  to  taxation, 
shall  be  estimated  and  assessed  by  the  assessors  at  its  full  and  true 
value,  as  they  would  appraise  the  same  in  payment  of  a  just  debt, 
due  from  a  solvent  debtor." 

After  completing  the  assessment  roll,  section  19  provides  that 
the  assessors  "shall  make  out  one  fair  copy  thereof,  to  be  left  with 
one  of  their  number.  They  shall  also  forthwith  cause  notices 
thereof  to  be  put  up  at  three  or  more  public  places  in  their  town  or 
ward." 

"  §  4.  (Act  of  1851.)  "  Such  notices  shall  set  forth  that  the  as 
sessors  have  completed  their  assessment  roll,  and  that  a  copy  there 
of  is  left  with  one  of  their  number,  at  a  place  to  be  specified  there 
in,  where  the  same  may  be  seen  and  examined  by  any  person 
interested,  until  the  third  Tuesday  of  August;  and  that  on  that  day 
the  assessors  will  meet  at  a  time  and  place  also  to  be  specified  in 
such  notice,  to  review  their  assessments.  On  the  application  of  any 
person  conceiving  himself  aggrieved,  it  shall  be  the  duty  of  the  said 
assessors  on  such  day  to  meet,  at  the  time  and  place  specified,  and 
hear  and  examine  all  complaints  in  relation  to  such  assessments 
that  may  be  brought  before  them ;  and  they  are  hereby  empowered, 
arid  it  shall  be  their  duty,  to  adjourn  from  time  to  time,  as  may  be 
necessary,  to  hear  and  determine  such  complaints  ;  but  in  the  sev 
eral  cities  of  this  State,  the  notices  required  by  this  section,  may 
conform  to  the  requirements  of  the  respective  laws  regulating  the 
time  and  place  and  manner  for  revising  the  assessments  in  said 
cities,  in  all  cases  where  a  different  time,  place  and  manner  is  pre 
scribed  by  said  laws  from  that  mentioned  in  this  act. 

"  §  o.  If  the  assessors  shall  wilfully  neglect  to  hold  the  meeting 
specified  in  the  last  preceding  section,  each  assessor  so  neglecting 
shall  be  liable  to  a  penalty  of  twenty  dollars,  to  be  sued  for  and 
recovered  before  any  court  having  jurisdiction  thereof,  by  the  su 
pervisor  of  the  town,  for  the  use  of  the  poor  of  the  same  town  ;  and 
in  case  of  such  neglect  to  meet  for  review,  any  person  aggrieved 


212 

by  the  assessment  of  the  assessors  may  appeal  to  the  board  of  su 
pervisors,  at  their  next  meeting,  who  shall  have  power  to  review 
and  correct  such  assessment. 

"  §  21.  The  assessor  with  whom  such  assessment  roll  is  left 
shall  submit  the  same,  during  the  twenty  days  specified  in  such 
notice,  to  the  inspection  of  all  persons  who  shall  apply  for  that  pur 
pose." 

It  will  be  observed,  that  under  the  pro  visions  of  the  act  of  1847, 
(No.  108,  §  85,)  it  is  no  longer  necessary  that  the  agent  or  servant 
of  the  non-resident  owner  should  reside  on,  or  "  improve  and  oc 
cupy  "  land  situated  within  the  boundaries  of  the  district,  in  order 
to  render  such  non-resident  owner  liable  to  taxation  ;  provided 
such  land  is  taxable  for  town  and  county  purposes,  and  is  situated 
within  three  miles  of  the  site  of  the  school-house  of  the  district  in 
which  it  lies. 

A  non-resident  owner  is  taxable  for  land  occupied  by  an  agent ; 
but  not,  if  occupied  by  a  tenant.  If  the  person  living  on  the  pre 
mises  rents  the  land  as  tenant,  such  tenant  is  liable  to  be  taxed  for 
the  premises  so  occupied  by  him. —  Com.  School  Dec.  27 '.  The 
principle  of  this  decision  is  fully  sustained  by  the  supreme  court  in 
the  case  of  Dubois  vs.  Thome ,  7  Wendell,  518,  in  which  a  lessee 
of  a  non-resident  owner  was  held  liable  for  a  tax  for  a  part  of  a  lot, 
and  two  sub-tenants  for  the  parts  occupied  by  them  respectively. 
The  court  observed  that  the  mere  ownership  of  the  property,  with 
out  occupation  by  himself,  his  agent,  or  servant,  was  not  sufficient 
to  charge  the  non-resident  owner  with  the  tax.  As  the  law  now 
stands,  however,  such  ownership  will  be  sufficient  in  the  absence 
of  any  occupation  by  a  tenant. 

A  saw-mill,  having  an  agent  or  servant  in  charge  of  it,  is  taxable 
to  the  non-resident  owner. —  Com.  School  Dec.  82.  So  a  factory 
unoccupied,  is  taxable  to  the  non-resident  owner. — Id.  100. 

Where  there  is  a  known  error  in  the  town  assessment,  the 
trustees  may  correct  it  in  the  district  assessment.  For  instance,  if 
a  resident  of  a  district  should  purchase  or  sell  a  lot  after  the  town 
assessment  had  been  made,  the  trustees  would  be  required  to  vary 
the  district  assessment  accordingly.  But  where  there  is  no  change 
in  the  property  of  the  district,  and  the  valuation  is  a  matter  of  opin 
ion  merely,  the  trustees  must  be  guided  by  the  last  assessment 
roll  of  the  town,  even  though  in  their  judgment  such  property,  or 
any  portion  of  it,  is  worth  more  or  less  than  the  estimate  put  upon 
it  by  the  town  assessors. —  Com.  School  Dec.  3. 

Alterations  by  the  trustees  from  the  last  assessment  roll  of  the 
town,  by  reason  of  improvements  subsequently  made,  in  consequence 
of  which  the  property  assessed  has  become  enhanced  in  value, 
should  be  made  only  where  such  improvements  are  complete. — Id. 
194. 

In  assessing  taxes  in  joint  districts,  the  last  assessment  roll  in 
each  town  must  be  followed,  with  respect  to  the  taxable  property 
within  it,  notwithstanding  the  standard  of  valuation  adopted  by  the 


213 

assessors  of  the  respective  towns  may  be  different. — Id.  315.  But 
see  §  72,  (No.  194,)  Laws,  &c. 

Trustees  cannot  assess  an  individual  for  personal  property  if  he 
has  been  taxed  for  none  on  the  last  assessment  roll  of  the  town,  on 
the  supposition  that  he  may  have  more  than  his  debts  amount  to. 
The  assessment  roll  of  the  town  settles  the  matter,  and  the  trus 
tees  cannot  vary  the  amount  but  from  some  knowledge  of  an  altera 
tion  after  that  roll  was  made  out,  or  to  correct  some  known  and 
acknowledged  error. — Id.  342. 

Where  land  owned  by  the  same  person  is  situated  in  different 
districts  in  the  same  town,  but  all  included  under  one  assessment 
by  the  town  assessors,  if  all  the  land  is  of  the  same  description, 
and  was  actually  valued  at  the  same  rate  per  acre,  without  any 
variation  on  account  of  improvements  or  otherwise ;  or  if  it  ap 
pears  on  the  roll  at  what  rates  the  separate  parts  were  valued,then 
the  valuation  of  the  portion  situated  in  any  particular  district  may 
be  ascertained  by  the  trustees  from  such  last  assessment  roll.  But 
if  the  valuation  by  the  town  assessor  was  general,  and  if  the  land 
was  of  different  degrees  of  quality  or  value,  or  if  a  dwelling-house 
or  other  improvements  are  situated  in  one  district  and  none  in  an 
other,  a  new  and  original  assessment  must,  in  such  case,  be  made 
by  the  trustees,  giving  the  notices,  &c.,  and  proceeding  in  the  mode 
required  by  law. — Per  SPENCER,  Supt.  Jan.  1841. 

Unless  a  reduction  is  claimed,  or  some  departure  from  the  last 
assessment  roll  of  the  town  becomes  necessary,  trustees  are  not 
required  to  give  notice  of  the  assessment  of  a  tax.  —  Com.  School 
Dec.  40. 

Land  purchased  after  a  tax  is  voted,  but  before  the  tax  list  is 
made  out,  must  be  assessed  to  the  purchaser  if  he  resides  in  the 
district. — Id.  8. 

Persons  leasing  specific  portions  of  a  lot  are  to  be  taxed  for  so 
much  as  they  lease. — Id.  16. 

Persons  about  to  remove  from  a  district  must  be  included  in  a 
tax  list,  if  they  are  actually  inhabitants  when  the  list  is  made  out. 
— J&  66. 

A  store  and  lot  must  be  taxed  in  the  district  in  which  they  are 
situated,  but  goods  in  a  store  are  to  be  taxed  in  the  district  in 
which  the  owner  resides.  Real  estate  is  taxable  where  it  lies,  and 
personal  property  where  the  owner  resides. — Id.  71,  86. 

Bridge  companies  are  taxable  in  the  district  where  the  tolls  are 
collected. — Id.  74. 

If  a  person  owns  two  farms  and  the  district  line  separates  them, 
and  they  are  separately  occupied,  he  is  liable  to  be  taxed  for  each 
farm  in  the  district  where  it  lies.  But  if  they  are  occupied  as  one 
farm,  the  whole  is  taxable  only  in  the  district  where  the  owner  re 
sides. — Id.  81.  And  see  ante. 

The  general  rule  is,  that  where  a  new  district  is  formed,  and  the 
line  intersects  a  farm,  the  whole  farm  is  to  be  taxed  in  the  district 
where  the  owner  resides.  Separate  tenancies  are,  however,  excep- 


214 

tions  to  this  rule.  When  a  part  of  a  farm  is  leased,  it  ceases  to  be 
an  entire  possession,  and  the  part  so  leased  must,  with  regard  to 
taxation,  be  considered  as  following  the  residence  of  the  lessee  or 
tenant.— Id.  103. 

The  vendor  of  a  farm  remaining  in  possession  is  liable  for  taxes 
assessed  on  it. — Id.  83. 

Trustees  are  bound  to  know  the  condition  of  the  taxable  proper 
ty  of  their  district,  so  that  in  assessing  taxes  no  person  shall  be  im 
properly  taxed. — Id.  108. 

The  toll-house  and  gate  of  a  turnpike  or  bridge  company,  inclu 
ding  a  lot  no  more  than  sufficient  for  the  accommodation  of  the 
toll-gatherer,  are  necessary  appendages  to  the  franchise,  and  taxa 
ble  as  personal  estate  in  the  district  where  the  principal  office  of 
the  company,  for  the  transaction  of  its  business,  is  situated. — Id. 
135. 

Two  or  more  taxes  voted  at  the  same  time  may  be  included  in 
the  same  tax  list. — Id.  158. 

If  a  taxable  inhabitant  sells  his  farm  and  remains  in  the  dis 
trict,  he  is  liable  to  be  taxed  on  the  amount  of  the  purchase  money 
paid,  or  secured  to  be  paid,  as  personal  property,  and  the  purchaser 
is  taxable  for  the  farm,  according  to  its  assessed  value  on  the  last 
assessment  roll  of  the  town. — Id.  285,  342. 

Trustees  must  include  in  a  tax  list  every  taxable  inhabitant 
residing  in  the  district  at  the  time  the  list  is  made  out-—  Id.  109, 
342. 

If,  before  a  tax  is  assessed,  the  trustees  ascertain  that  the  whole 
amount  voted  will  not  be  required,  they  may  make  out  a  tax  list 
for  a  smaller  sum. — Id.  342. 

If  an  inhabitant  removes  from  a  district  before  the  end  of  one 
month  after  a  tax  is  voted,  and  before  the  tax  list  is  delivered  to 
the  collector,  he  cannot  be  included  in  it ;  the  tax  list,  while  remain 
ing  in  the  hands  of  the  trustees,  not  being  complete,  except  in 
cases  where  notice  is  required  to  be  given  in  pursuance  of  law.—  • 
Id.  357,  as  subsequently  modified  by  YOUNG,  Superintendent. 

A  tenant  is  .taxable,  whether  a  householder  or  not,  for  ..land  oc 
cupied  and  improved  by  him.  Pie  may  board  out,  and  yet,  if  he 
hire  the  lot  and  improve  it,  as  a  tenant,  he  is  taxable  for  it. — Id. 
155. 

The  temporary  occupancy  of  a  house  on  a  farm,  by  a  person 
hired  to  work  it  by  the  month,  does  not,  however,  constitute  such  a 
tenancy  as  to  sucgeet  such  occupant  to  taxation  fo  17  the  farm.  He^ 
can  be  regarded  only  RS-ftgent  for  the  owner. — Per  Dix,  Superin 
tendent,  1837. 

Where  a  person,  assessed  for  a  greater  number  of  acres  than  his. 
farm  contains,  omits  to  claim  a  reduction  when  the  tax  is  assessed 
by  the  trustees,  he  will  riot  be  relieved  subsequently  on  appeal. — 
Com.  School  Dec.  341. 

Trustees,  guardians,  executors  and  administrators  are  taxable,  in 
their  representative  character,  where  they  reside,  for  all  the  per- 


sonal  estate  and  property  in  their  possession,  or  under  their  control, 
belonging  to  the  cestuique  trust,  ward,  testator  or  intestate,  whom 
they  represent.  By  §  10,  1  R.  S.  391,  a  deduction  is  to  be  made 
by  the  assessors  for  debts  due  from  the  individual  assessed,  in  his 
representative  character,  as  specified  in  §  27,  2  R.  S.  87.  It  is 
in  the  power  of  such  trustees,  guardians,  executors  or  administrators 
to  claim  a  reduction  under  the  provisions  of  §  79  of  the  school  act, 
above  referred  to  ;  and  to  reduce  the  amount  of  such  assessment  by 
a  specification  of  the  value  of  the  property.  The  question  wheth 
er  the  real  owners  of  the  property  are  to  be  directly  or  indirectly 
benefitted  by  the  expenditure  of  the  tax  assessed  npon  it,  does  not 
appear  to  have  been  one  of  the  considerations  in  the  provisions 
above  referred  to,  for  it  is  manifest  that  the  personal  property  in 
the  hands  of  a  trustee,  guardian,  &c.,  in  Buffalo,  is  liable  to  be  tax 
ed  there,  although  the  real  parties  in  interest  may  live  in  Albany. 
After  the  administration  of  an  estate  in  the  hands  of  an  executor 
or  administrator,  upon  the  rendition  and  settlement  of  a  final  ac 
count  of  his  proceedings,  the  personal  property  is  of  course  no  lon 
ger  liable  to  taxation  where  he  resides;  but  so  long  as  it  is  in 
his  possession,  or  under  his  control,  it  is  so  liable. — Id.  157, 
230. 

PERSONS  AND  PROPERTY  EXEMPT  FROM  TAXATION. 

By  §  89,  (No.  121,)  the  trustees,  in  assessing  a  tax  for  building 
a  school-house,  are  to  exempt  any  person  set  off  to  their  district, 
without  his  consent,  from  any  other  district,  within  four  years  pre 
ceding  the  assessment  of  such  tax,  who  shall  have  actually  paid 
within  that  period,  in  the  district  from  which  he  was  taken,  under 
a  lawful  assessment  therein,  a  district  tax  for  the  same  purpose. 
The  burden  of  proof  in  this  ease  undoubtedly  rests  with  the  person 
claiming  the  exemption,  as  the  trustees  can  have  no  official  knowl 
edge  of  the  fact. 

This  exemption  does  not  extend  to  taxes  for  repairs,  or  for  any 
other  purposes  than  building  a  school-house. 

By  §'4  of  chap.  13,  1  11.  8.  379,  (2d  edition,)  the  following  pro 
perty  is  declared  to  be  exempt  from  taxation  : 

1.  All  property,  real  or  personal,  exempted  from  taxation  by  the 
Constitution  of  this  state  or  of  the  United  States : 

2.  All  lands  belonging  to  this  state  or  to  the  United  States : 

3.  Every  building  erected  for  the  use  of  a  college,  incorporated 
academy   or"  Qi>hei!  ^incorporated]]  ': seminary  of   learning;  ..every 
building  for  public  worship  ;  every  school-house,  court-house  and 
jail ;  and  the  several  lots  whereon  such  buildings  are  situated,  and 
the  furniture  belonging  to  each  of  them  : 

4.  Every  poor-house,  alms-house,  house  of  industry,   and  every 
house  belonging  to  a  company  incorporated  for  the  reformation  of 
offenders,  and  the  real  and  personal  property  belonging  to  or  con 
nected  with  the  &ame ; 


5.  The  real  and  personal  property  of  every  public  library  : 

6.  All  stocks  owned  by  the  state  or  by  literary  or  charitable  in 
stitutions  : 

7.  The  personal  estate  of  every  incorporated  company  not  made 
liable  to  taxation  on  its  capital  by  law : 

8.  The  personal  property  of  every  minister  of  the  gospel  or 
priest  of  any  denomination  ;  and  the  real  estate  of  such  minister  or 
priest,  when  occupied  by  him  ;  provided  such  real  and  personal  es 
tate  do  not  exceed  the  value  of  $1,500.     If  such  real  and  person 
al  estate,  or  either  of  them,  exceed  the  value  of  $1,500,  that  sum  is 
to  be  deducted  from  the  valuation  of  the  property  of  such  minister, 
and  the  residue  is  liable  to  taxation  : 

9.  All  property  exempted  bylaw  from  execution. 

The  land  owned  by  a  minister  of  the  gospel,  if  rented,  can  be 
taxed  to  the  tenant.  It  is  exempt  from  taxation  to  a  certain  ex 
tent,  only  when  occupied  by  such  minister.  If.  however,  the  oc 
cupant  is  the  agent  merely  of  the  minister,  so  as  to  render  it  neces 
sary  to  make  out  the  assessment  against  the  latter  as  owner,  the 
property  is  then  exempt. 

Land  occupied  by  a  minister  of  the  gospel  as  tenant,  has  been 
held  exempt  to  the  amount  of  $1,500,  under  the  provision  above 
quoted. —  Com.  School  Dec.  61. 

6.    WHEN  TAXES  MAY    BE  IMPOSED    BY   TRUSTEES  WITHOUT  BEING 
SPECIFICALLY  VOTED. 

By  §  109  of  the  act  of  1847,  (No.  129,j  "  When  the  trustees  of 
any  school  district  are  required  or  authorized  by  law,  or  by  vote  of 
their  district,  to  incur  any  expense  for  such  district,  and  when  any 
expenses  incurred  by  them  are  made  by  express  provision  of  law  a 
charge  upon  such  district,  they  may  raise  the  amount  thereof  by 
tax,  in  the  same  manner  as  if  the  definite  sum  to  be  raised  had 
been  voted  by  a  district  meeting,  and  the  same  shall  be  collected 
and  paid  over  in  the  same  manner." 

By  §  104  of  the  act  of  1847,  (No.  127,)  the  trustees  are  required 
to  purchase  two  blank  books,  for  the  purposes  specified  in  that  sec 
tion,  and  by  sub.  1.  of  §81,  (No.  102,)  a  book  is  to  be  provided  for 
recording  the  proceedings  of  the  district.  The  trustees  will  be  jus 
tified  in  imposing  a  tax,  or  adding  to  the  amount  of  any  voted  by 
the  district,  for  the  expenses  of  these  books. 

By  §  105,  as  amended  by  chap.  382,  Laws  of  1849,  "  When  the 
necessary  fuel  for  the  school  of  any  district  shall  not  be  provided, 
by  means  of  a  tax  on  the  inhabitants  of  the  district  or  otherwise,  it 
shall  be  the  duty  of  the  trustees  of  the  district  to  provide  the  neces 
sary  fuel,  and  levy  a  tax  upon  the  inhabitants  of  the  district  to  pay 
for  the  same.'* 

The  inhabitants  of  the  district  sending  to  school  may,  by  volun 
tary  arrangement,  furnish  their  respective  proportions  of  fuel,  ac 
cording  to  the  number  of  children  and  the  length  of  time  they  send1,, 
but  they  cannot  be  compelled  to,  do  so  by  a  vote  of  the  district 


217 


where  no  tax  is  voted  for  the  supply  of  fuel,  and  no  arrangement  of 
this  kind  voluntarily  entered  into  and  carried  into  effect  by  those 
sending  to  school,  it  becomes  the  duty  of  the  Trustees,  under  the 
above  provision,  to  furnish  the  necessary  fuel  and  to  levy  a  tax  up 
on  the  district  therefor. 

7.  Form  of  a  District  Tax  List  to  raise  any  tax  voted'or  charged  on 
a  District,  and  of  a  Warrant  for  its   collection. 

List  of  Taxes  apportioned  by  the  Trustees  of  District  No. 
in  the  town  of  Trenton,  on  the  taxable  inhabitants  of  the  said  dis 
trict,  and  corporations  holding  property  therein,  and  upon  real  es 
tate  lying  within  the  boundaries  of  such  district,  the  owners  of 
which  are  non-residents  thereof,  for  the  purpose  of  raising  the  sum 
of  laid  and  charged  on  the  said  district,  according  to 

law. 


Names  of  inhabitants   and 
Corporations, 

Amount  of 
Taxes. 

James  Thomas,  

$6  00 

The    President,    Directors   and 
Company  of  the  Bank  of  Utica 
James  Thomas,  executor   of  the 
Estate  of  John   Thomas,  de 
ceased,  

60  00 
50  00 

Statement  and  description  of  unoccupied  and  unimproved  Lands  of 
non-residents  of  said  district,  upon  which  a  tax  has  been  imposed 
as  above  stated. 


No.  and  descriptions  of 
lots  and 
parts  of  lots. 

Quant,  of  land 
therein  liable 
to  taxation. 

Valuation  of 
such  quan 
tity. 

Amount 
of 
tax. 

No.  17,  

10  acres. 

$25  00 

$0  75 

Southwest    quarter   of 
lot  No.  23,  

2i     « 

6  00 

50 

Tract  not  subdivided,  . 
Or, 
Tract,  the  subdivisions 
of  which  cannot  be  as 
certained,       bounded 
north  by  lot   No.  17, 
south  by  north  line  of 
A.  B.,  east  by  lot  15, 
and  west  by  town  line. 

5       " 

1C 

10  00 
<( 

0  62£ 
<( 

To  the  Collector  of  School  District  No.         in  the  town  of 
ten,  in  the  county  of  Oneida. 


218 

You  are  hereby  commanded  to  collect  from  each  of  the  taxable 
inhabitants  and  corporations  named  in  the  foregoing  list,  and  of 
the  owners  of  the  real  estate  described  therein,  the  several  sums 
mentioned  in  the  last  column  of  the  said  list,  opposite  to  the  per 
sons  and  corporations  so  named,  and  to  the  several  tracts  of  land 
so  described,  together  with  five  cents  on  each  dollar  thereof  for 
your  fees,  unless  such  amount  is  paid  within  two  weeks  from  the 
receipt  of  this  warrant,  in  which  case  you  are  to  retain  one  per  cent, 
only  as  your  fees  ;  and  in  case  any  person,  upon  whom  such  tax  is 
imposed,  shall  neglect  or  refuse  to  pay  the  same,  you  are  to  levy  the 
same  by  distress  and  sale  of  the  goods  and  chattels  of  the  person 
or  corporation  so  taxed,  in  the  same  manner  as  on  warrants  issued 
by  the  board  of  supervisors  to  the  collectors  of  towns  ;  and  you 
are  to  make  a  return  of  this  warrant  within  thirty  days  after  the 
delivering  thereof  to  you ;  and  within  that  time  to  pay  over  all 
moneys  collected  by  virtue  hereof,  to  the  trustees  of  the  said  adis- 
trict,  some  or  one  of  them ;  and  if  any  tax  on  the  real  estate  of  a 
non-resident  mentioned  in  the  said  list  shall  be  unpaid  at  the  time 
when  you  are  required  to  return  this  warrant,  you  are  to  deliver  to 
the  trustees  of  the  said  district  an  account  thereof,  according  to  law. 
Given  under  our  hands  this  day  of  in  the  year  one 

thousand  eight  hundred  and  forty 

A.  B.) 

C.  D.  t  Trustees. 
E.  F.) 

By  §  110  of  the  act  of  1847,  (No.  130,)  it  is  not  necessary  for 
the  trustees  to  affix  their  seals  to  any  warrant.' 

8.    WARRANTS    FOR    THE    COLLECTION    OF    TAX^LISTS    AND 
RATE    BILLS. 

By  various  provisions  of  the  school  act  (No.  131,  132,)  it  is 
provided  that  the  warrant  annexed  to  any;  tax  list  for  the  collec 
tion  of  a  district  tax  or  any  rate  bill  for  the  payment  of  teachers' 
wages,  shall  command  the  collector,  in  case  any  person  named  in 
sueh  list  shall  not  pay  the  sum  therein  set  opposite  to  his.  name  on 
demand,  to  levy  the  same  of  his  goods  and  chattels  in  the  same 
manner  as  on  warrants  issued  by  the  board  of  supervisors  to  the 
collectors  of  towns,  except  as  hereinafter  specified  in  relation  to 
rate  bills. 

The  time  specified  in  any  warrant,  for  its  collection  and  return 
Begins  to  run  from  the  dtHv&ry  of  such  warrant  to  the  doRfeotbfl, 
and  not  from  its  date. —  Com.  School  Dec.  286. 

Where  a  warrant  is  signed  by  two  trustees  only,  the  presence 
or  concurrence  of  the  third  will  be  presumed. — Id.  258. 

Trustees  in  office  only,  can  sign  warrants.—/^.  275. 

By  §  112,  132,  "If  the  sum  or  sums  of  money,  payable  by  any 

person  named  in  any  tax  list  or  rate  bill,  shall  not  be  paid  by  him 

or  collected  by   such  warrant  within   the  time  therein  limited,  it 

may  be  lawful  for  the  trustees  to  .renew  such  warrant,  in  respect 

uch  delinquent  person ;  or  in  case  such  person  shall  not  reside 


219 

within  their  district,  at  the  time  of  making  out  a  tax  list  or  rate 
bill,  or  shall  not  reside  therein  at  the  expiration  of  such  warrant, 
and  no  goods  or  chattels  can  be  found  therein  whereon  to  levy  the 
same  ;  the  trustees  may  sue  for  and  recover  the  same,  in  their 
name  of  office. 

Such  renewal  should  be  made  at  the  earliest  practicable  period 
after  the  expiration  of  the  time  specified  for  the  collection  in  the 
original  warrant.  It  is  not,  however,  necessary  that  it  should  be 
made  prior  to  the  expiration  of  such  original  warrant. 

Any  second  or  subsequent  renewal  of  such  warrant  must  be 
with  the  written  approbation  of  the  Town  Superintendent  endors 
ed  thereon. 

Trustess  may  legally  renew  the  warrants  of  their  precessors 
in  office. — Com.  School  Dec.  27. 

Where  a  district  meeting  votes  to  renew  a  warrant  and  col 
lect  a  tax,  the  trustees  may  regard  it  as  an  original  vote,  and 
issue  a  new  warrant  for  its  collection. —  Id. 

By  §100,  as  amended  by  the  act  of  1849  (chap.  382,)  it  is  made 
the  duty  of  the  trustees,  after  the  expiration  of  the  thirty  days  al 
lowed  by  law  to  deliver  the  tax  list  and  warrant  to  the  collector  of 
the  district,  "and  such  collector  is  hereby  authorized  and  directed, 
upon  receiving  his  warrant,  for  two  successive  weeks,  to  receive 
such  taxes  as  may  be  voluntarily  paid  to  him  ;  and  in  case  the 
whole  amount  shall  not  be  so  paid  in,  the  collector  shall  proceed 
forthwith  to  collect  the  same.  He  shall  receive  for  his  services, 
on  all  sums  paid  in  as  aforesaid,  one  per  cent,  and  upon  all  sums 
collected  by  him  after  the  expiration  of  the  time  mentioned,  five 
per  cent ;  and  in  case  a  levy  and  sale  shall  be  necessarily  made  by 
such  collector,  he  shall  be  entitled  to  travelling  fees  at  the  rate 
of  six  cents  per  mile,  to  be  computed  from,  the  school  house  in  such 
district." 

IT.  DTJTIE3  OF  TRUSTEES  IN"  "RELATION 'TO  THE  PURCHASE, 
CUSTODY- AND  SALE  OF  SCHOOL-HOUSES  AND  SITES,  THE 
REPAIR  OF  SCHOOL-HOUSES,  AND  FURNISHING-  THEM  WITH 
NECESSARY  FUEL  AND  APPENDAGES. 

.....  » 1       „        "::'<•••••,      '     •'. '-       •-         i     '•     ,  ( {  P  *ii 

1.    PURCHASE,    REPAIR   AND    CUSTODY    OF    SCHOOL-HOUSE. 

By  sub.  5,  of  §  82  of  the  school  act,  (No.  103,)  it  is  made  the 
duty  of  trustees,  and  they  are  empowered  "  to  purchase  or  lease  a 
i-dte'for  the  district  school-house,  n.s  ff<&signated  b~*  a  meeting  of 
the  district ;  and  to  build,  hire,  or  purchase,  keep  in  repair  and 
furnish  such  school  house  with  necessary  fuel  and  appendages,  out 
of  the  funds  collected  and  paid  to  them  for  such  purpose.1' 

If  trustees  undertake  to  remove  a  school-house,  buy  a  lot.  for  a 
site,  or  do  any  other  act  which  they  are  not  by  law  authorized 
to  do  without  a  vote  of  the  inhabitants  of  the  district,  it  is  at 
their  own  peril.  The  inhabitants  may  ratify  their  proceedings 
by  a  subsequent  vote  ;  but  if  they  do  not  choose  to  do  so,  the 
trustees  are  without  remedy. — Com.  School  Dec.  41,  222. 


220 

But  where  the  inhabitants  of  a  school  district  have,  by  a  vote 
to  that  effect  authorized  their  trustees  to  make  repairs  or  do  any 
other  lawful  act,  involving  an  expenditure  of  money,  they  will  be 
required  to  save  them  harmless,  provided  they  have  acted  in 
good  faith.  The  inhabitants  may  always  limit  a  contemplated 
expenditure  by  voting  a  specific  sum  for  the  purpose.  But  if 
they  neglect  to  do  so,  and  give  a  general  direction  to  the  trustees 
to  go  on  and  make  repair,  &c.,  without  restricting  the  amount  to 
be  expended,  the  Superintendent  will,  on  the  refusal  of  the  in 
habitants  after  the  work  is  done,  to  indemnify  them,  for  their  rea 
sonable  and  bonajidc  expenditures,  order  a  tax  to  be  levied  for 
the  amount— /d.  222. 

By  sub.  6  of  §  82,  above  referred  to,  it  is  provided  that  the 
trustees  shall  have  the  custody  and  safe-keeping  of  the  district 
school-house." 

Questions  have  frequently  arisen,  as  to  the  extent  of  the  pow 
er  conferred  by  this  last  subdivision ;  and  to  what  uses  the  school 
house  should  be  confined  by  the  trustees. 

The  general  principle  in  relation  to  questions  of  this  nature 
arising  in  the  several  school  districts,  is  this;  that  it  is  the  duty 
of  the  trustess  to  exercise  such  a  general  supervision  over  the 
care  and  management  of  the  district  school-house,  as  that  the 
instruction  of  pupils  in  the  school  shall  not  be  embarrassed  by 
any  use  of  the  house  other  than  for  school  purposes ;  and  that 
the  property  of  the  district,  and  the  furniture,  books,  and  papers 
belonging  to  the  school,  or  the  pupils,  shall  not  be  injured  or 
destroyed.  Any  use  of  the  house  in  subordination  to  these  restric 
tions,  and  not  inconsistent  with  the  main  purposes  for  which  it 
was  designed,  must  be  left  to  the  determination  and  pleasure  of 
those  to  whom  it  belongs,  whose  wishes  and  directions,  in  this  re 
spect, the  trustees  are  bound  to  carry  out.  The  school-house  is  the 
property  of  the  district,  and  subject  to  its  control,  within  the 
limitations  of  the  law.  The  purpose  for  which  it  was  erected 
must  be  pursued,  and  nothing  can  be  suffered  to  interfere  with 
that.  But  when  that  purpose  is  accomplished,  there  is  neither 
reason  nor  law  for  prohibiting  its  application  to  any  object  of 
social  or  moral  improvement  which  the  majority  of  the  inhabitants 
may  sanction.  Upon  this  principle,  and  subject  to  the  restric 
tions  and  limitations  referred  to,  it  may  be  used,  out  of  school 
hours,  arid  wheji  not  wanted  for  any  district  purposes,  for  reli 
gious  meetings,  Sunday  schools,  lectures,  debating  societies,  or 
any  other  moral,  literary,  or  useful  purpose,  with  the  approbation 
of  a  majority  of  the  district  and  the  consent  of  the  trustees,  or 
any  two  of  them. 

Trustees  cannot,  however,  allow  any  part  of  the  district  school 
house  to  be  occupied  for  any  other  purpose  than  that  of  the  dis 
trict  school,  while  such  school  is  actually  in  progress. — Com. 
School  Dec.  51. 


221 

Select  or  private  schools  will  not  be  permitted  to  be  kept  in 
the  district  school-house. — Id.  119. 

Except  in  extraordinary  cases,  schools  must  be  kept  in  the  dis 
trict  school  house  :  and  by  §129  of  the  act  of  1847,  (No.  140,} 
"  Whenever  it  sha'l  be  necessary,  for  the  accommodation  of  the 
children  in  any  district,  the  trustees  may  hire  temporarily  any 
room  or  rooms,  for  the  keeping  of  schools  therein  ;  and  the  ex 
pense  thereof  shall  be  a  charge  on  such  district." 

If  there  is  no  school-house  in  the  district  a  school  cannot  be 
opened  by  the  trustees  until  the  inhabitants  have  designated  the 
place.— Com.  School  Dec.  190. 

2.    SALE    OF    SCHOOL    HOUSE    AND    SITE. 

A  very  important  branch  of  the  duties  incumbent  upon  trustees, 
is  that  which  relates  to  the  disposition  of  the  school-house  and 
site,  when  no  longer  required  for  district  purposes.  By  §74,  of 
the  of  act  1847,  (No.  96,)  the  inhabitants  of  the  district  are  author 
ized,  whenever  the  site  of  the  school-house  has  been  legally 
changed,  to  direct  the  sale  of  the  former  site,  together  with  the 
buildings  and  appurtenances,  or  any  part  thereof  at  such  price 
and  upon  such  terms  as  they  shall  deem  most  advantageous  to  the 
district.  In  this  case  the  trustees  act  merely  as  the  ministerial 
officers  of  the  district,  and  are  bound  to  carry  out  the  directions 
of  the  inhabitants.  They  are  to  execute  the  necessary  convey 
ances  to  the  purchaser  ;  and  when  a  credit  is  directed  to  be  given 
for  any  portion  of  the  consideration  money,  they  are  to  take,  in 
their  corporate  name,  such  security,  by  bond  and  mortgage  or 
otherwise,  as  they  may  think  proper  ^  to  hold  the  same  as  a  cor 
poration,  and  account  to  their  successors ;  and  they  are  also 
authorized,  in  their  name  of  office  to  sue  for  and  recover  the 
moneys  due  and  unpaid  upon  any  security  so  taken  by  them7 
or  their  predecessors,  with  interest  and  costs.  They  are  by  §  75 
to  apply  the  moneys  arising  from  such  sale  to  the  expenses  in 
curred  in  procuring  a  new  site,  and  in  removing  or  erecting  a 
school-house,  so  far  as  such  application  shall  be  necessary. 

V.    THE  EMPLOYMENT  OF  TEACHERS  AND  THEIR  PAYMENT, 
AND  THE  MAKING  OUT  AND  COLLECTING  OF  RATE  BILLS. 

1.     CONTRACTS    WITH    TEACHERS. 

By  sub.  7  of  §  82,  No.  103,  trustees  are  "ato  contract  with  and 
employ  all  teachers  in  the  district." 

The  most  fruitful  source  of  difficulty  in  school  districts,  has  been 
the  loosness  and  irregularity  with  which  these  contracts  have  been 
made.  In  some  districts  the  trustees  are  in  the  habit  of  agreeing 
to  pay  the  teacher  the  whole  amount  of  public  money  that  should 
be  received,  be  it  more  or  less.  This  is  unjust  to  the  teacher  or 
the  district,  and  has  almost  always  led  to  contention.  The  agree 
ment  should  be  to  pay  him  a  specific  sum  by  the  month  or  by  the 


222 

quarter,  adequate  to  the  value  of  liis  services.  If  the  public 
money  is  not  sufficient,  the  deficiency  should  be  supplied  by  a  rate- 
bill.  It  is  not  to  be  believed  that  any  intelligent  citizens  will 
consider  that  sordidness  to  be  economy,  which  prefers  that  their 
children  should  be  brought  up  in  ignorance,  or  instructed  in  error, 
rather  than  contribute  the  mere  trifle  which  will  secure  them  an 
education,  sound  and  accurate,  at  least  as  far  as  it  goes.  When 
the  rewards  which  other  professions  and  avocations  hold  out  to 
talent,  knowledge  and  industry,  are  so  liberal,  how  can  it  be 
expected  that  persons  competent  to  the  great  business  of  instruc 
tion,  should  devote  themselves  to  it  for  a  compensation  inadequate 
to  their  support  ? 

If  the  public  money  should  be  more  than  sufficient  to  remuner 
ate  the  teacher,  the  trustees  should  consider  whether  they  may 
not  establish  another  school,  or  a  district  department.  A  large 
amount  of  public  money  indicates  a  large  number  of  children,  and 
of  course  there  will  be  the  materials  for  a  large  school,  or  for 
more  than  one,  especially  if  they  are  of  a  character  to  command 
respect  and  inspire  confidence. 

Should  there  be  a  surplus  of  public  money,  after  paying  a  fair 
and  just  equivalent  to  the  teachers  who  can  be  usefully  employed, 
the  district  will  always  be  relieved  from  the  consequence  of  not 
expending  the  whole,  upon  application  to  the  Superintendent. 

It  is  the  duty  of  trustees  of  a  school  district  to  have  a  school 
kept  in  the  district  school-house,  wherever  there  are  a  number  of 
children  to  attend  sufficient  to  defray  the  expenses  of  a  teacher : 
and  if  a  portion  of  the  public  money  has  been  assigned  to  each 
portion  of  the  year,  then  it  is  their  duty  to  have  a  school  kept 
whenever  the  expense  can  be  defrayed  by  the  public  money,  and 
the  rate-bills  against  those  sending  children  to  the  school.  This 
principle  is  applicable  as  well  to  summer  as  to  winter  schools. 
Trustees  are  bound  to  provide  a  school,  whenever  requested  by 
any  portion  of  the  inhabitants  of  the  district,  able  and  willing, 
with  the  help  of  the  public  money  or  otherwise,  to  defray  its 
expense :  and  in  this  respect  they  are  not  to  be  governed  or  con 
trolled  by  any  vote  of  the  district.  The  very  object  and  business 
of  their  office  is  to  provide  schools  ;  and  no  district  meeting  can 
abridge  their  powers,  or  relieve  them  from  the  performance  of 
their  duty  in  this  respect. — Per  SPENCER,  Supt.  on  appeal. 

A  practice  prevails  to  a  very  considerable  extent  among  the 
several  school  districts,  of  trustees'  engaging  with  a  teacher  that 
he  shall  board  with  the  parents  of  the  children  alternately.  There 
is  no  authority  for  such  a  contract,  and  it  cannot  be  enforced  on 
the  inhabitants.  This  compulsory  boarding  gives  occasion  to  con 
stant  altercation  and  complaint,  which  often  terminates  in  breaking 
up  the  school.  The  best  arrangement  is  to  give  the  teacher  a 
specific  sum  and  let  him  board  himself.  But  there  are  some  dis 
tricts  s ;  destitute  that  it  may  afford  the  inhabitants  considerable 
relief  to  be  permitted  to  board  the  teacher.  In  such  cases  the 
object  can  be  obtained  in  another  way.  Let  the  trustees  contract 


223 

with  the  teacher  at  a  specific  sum  per  mont 
and  they  may  then  agree  with  him,  that  if  he  shall  be  afforded 
satisfactory  board  at  the  house  of  any  of  the  inhabitants,  he  will 
allow  whatever  sum  may  be  agreed  on  per  week  for  such  board,  to 
be  applied  to  his  wages,  and  will  give  an  order  on  the  trustees  for 
the  amount,  to  the  person  with  whom  he  boards :  and  the  trustees 
may  then  accept  such  order  from  the  inhabitants,  as  payment  to 
that  extent  upon  his  tuition  bill,  and  deduct  it  from  the  amount  to 
be  paid  the  teacher,  after  having  paid  him  the  whole  of  the  public 
money. 

It  is  strongly  recommended  that  all  contracts  with  teachers  be 
made  in  writing,  and  a  duplicate  kept  by  each  party.  In  no  other 
way  can  justice  be  done  to  the  parties  in  case  of  any  dispute. 

The  power  of  the  trustees  to  contract  with  and  employ  teachers, 
cannot  be  controlled  by  the  inhabitants  ;  although  it  should  never 
be  exercised,  unless  under  very  peculiar  circumstances,  in  opposi 
tion  to  the  known  wishes  of  a  decided  majority  of  the  district. 

Contracts  by  trustees  of  school  districts  for  teachers'  wages  are 
binding  on  them  personally,  individually  and  collectively,  while 
they  remain  in  office  ;  and  on  their  successors  after  the  expiration 
of  their  term :  and  trustees  who  are  not  in  office,  as  such,  are  no 
longer  personally  answerable  on  such  contracts.  See  7  Wendell, 
181,  4  Hill;  Com.  School  Dtc.  191,  282. 

A  contract  made  by  all  the  trustees  of  a  district,  but  signed  by 
two  only,  is  binding  upon  all ;  and  the  presence  or  concurrence  of 
the  third  will  be  presumed  from  the  signature  of  the  remainder. 
So  two  trustees  may  enter  into  a  contract,  in  the  absence  of  the 
third,  if  he  was  duly  notified  of  a  meeting  for  that  purpose,  or  was 
consulted,  and  refused  to  act. — McCoy  vs.  Comtree,  9  Wend.  17. 
In  short,  so  far  as  the  rights  of  third  persons  are  concerned,  a 
contract  made  by  a  majority  of  the  trustees  will  be  regarded  as 
prima  facie  valid  and  obligatory.  The  party  with  whom  the 
contract  has  been  entered  into  is  not  bound  to  enquire  whether  the 
requisite  preliminary  steps  to  authorize  the  majority  to  act  without 
the  presence  or  concurrence  of  the  third  trustee  have  been  taken 
or  not. 

If  a  teacher's  certificate  is  annulled,  the  trustees  are  at  liberty 
to  dismiss  him,  and  to  rescind  their  contract  with  him.  They 
engage  him  as  a  qualified  teacher,  and  the  moment  he  ceases  to  be 
so,  there  is  a  failure  of  the  consideration  for  the  contract.  If, 
however,  the  trustees  continue  him  to  the  school  after  notice  that 
his  certificate  has  been  annulled,  it  will  be  regarded  as  such  a  con 
tinuance  of  the  contract  that  they  will  not  be  allowed  at  a  subse 
quent  period  to  dispute  it. —  Com.  School  Dec.  212. 

2.     MODE    OF   PAYING    TEACHERS. 

This  is  specifically  provided  for  by  §  82,  (No.  103,)  above 
referred  to.  By  subdivision  eight,  the  trustees  are  "  to  pay  the 


wages  of  such  teachers,  when  qualified,  out  of  the  moneys  which 
shall  come  into  their  hands  from  town  superintendents  of  common 
schools,  so  far  as  such  moneys  shall  be  sufficient  for  that  purpose  ; 
and  to  collect  the  residue  of  such  wages,  excepting  such  sums  as 
may  have  been  collected  by  the  teachers,  from  all  persons  liable 
therefor." 

By  subdivisions  nine,  ten,  eleven,  twelve,  thirteen  and  fourteen, 
they  are, 

"•  To  divide  the  public  moneys  received  by  them,  whenever 
authorised  by  a  vote  of  their  district,  into  not  exceeding  two  por 
tions  for  each  year,  to  assign  and  apply  one  of  such  portions  to 
each  term  during  which  a  school  shall  be  kept  in  such  district,  for 
the  payment  of  the  teachers'  wages  during  such  quarter  or  term  ; 
and  to  collect  the  residue  of  such  wages,  not  paid  by  the  propor 
tion  of  public  money  allotted  for  that  purpose,  from  the  persons 
liable  therefor,  as  above  provided. 

"  To  exempt  from  the  payment  of  wages  of  teachers,  either 
wholly  or  in  part,  such  indigent  persons  within  the  district  as  they 
shall  think  proper,  in  any  one  quarter  or  term,  and  the  same  shall 
be  a  charge  upon  such  district : 

"  To  certify  such  exemptions,  and  deliver  the  certificate  thereof 
to  the  clerk  of  the  district,  to  be  kept  on  file  in  his  office  : 

"  To  ascertain,  by  examination  of  the  school  lists  kept  by  such 
teachers,  the  number  of  days  for  which  each  person  not  so  exempt 
ed,  shall  be  liable  to  pay  for  instruction,  and  the  amount  payable 
by  each  person  : 

"  To  make  out  a  rate-bill  containing  the  name  of  each  person 
so  liable,  and  the  amount  for  which  he  is  liable,  and  to  annex 
thereto  a  warrant  for  the  collection  thereof :  and 

"  To  deliver  such  rate-bill,  with  the  warrant  annexed,  to  the 
collector  of  the  district,  as  directed  by  subdivision  14,  of  §  82,  (No. 
103,)  and  §  83,  (No.  104.) 

By  §84,  of  the  same  act,  (No.  105,,)  "  where  by  reason  of  the 
inability  to  collect  any  tax  or  rate-bill,  there  shall  be  a  deficiency 
in  the  amount  raised,  the  inhabitants  of  the  district,  in  district 
meeting,  shall  direct  the  raising  of  a  sufficient  sum  to  supply  such 
deficiency,  by  tax,  or  the  same  shall  be  collected  by  rate-bill,  as 
the  case  may  require." 

In  accordance  with  these  several  provisions,  trustees  of  districts 
in  making  out  their  rate  bills,  will  hereafter  proceed  as  follows : 

1.  They  will  first  ascertain  the  amount  due  to  the  teacher,  under 
his  contract,  for  the  first  quarter's  services. 

2.  They  will  then  apply  so  much  of  the  public  money  as  is  ap 
plicable  to  the  term,  in  diminution  of  such  amount. 

3.  They  will  assess  the  balance  upon  each  inhabitant  who  has 
sent  to  the  school  during  the  term,  (including  indigent  persons)  ac 
cording  to  the  number  of  children  and  of  days  sent  by  each,  as 
appears  by  the  verified  list  kept  by  the  teacher,  under  the  104th 
section  of  the  aforesaid  act.     (No.  127.) 


225 

4.  They  will  then  proceed  to  exempt,  either  wholly  or  in  part, 
such  indigent  inhabitants  as  they  may  think  proper  for  the  pay 
ment  of  their  proportion  of  such  assessment,  and  certify  the  whole 
amount  of  such  exemptions,  and  deliver  the  certificate  thereof  to 
the  clerk  of  the  district,  to  be  kept  by  him. 

5.  They  will  then  make  out  a  rate  bill  against  those  exempted 
in  part,  for  the  balance  remaining  after  such  partial  exemption,  and 
against  those  not  exempted  either  wholly  or  in  part,  for  the  collec 
tion  of  the  amounts  assessed  against  them  respectively,  and  add 
their  warrant,  in  the  usual  manner.     Such  warrants  need  not  be 
under  seal,  and  may  be  executed  by  the  collector  "  in  any  other 
district  or  town,  in  the  same  manner,  and  with  the  like  authority, 
as  in  the  district  for  which  he  was  chosen  or  appointed."     (No. 
126.) 

6.  The  trustees  will  collect  the  amount  of  exemptions,  as  certified 
by  them,  by  a  tax,   which  they  are  authorized  to  impose  urxm 
all  the  taxable  inhabitants  of  the  district.     They  may  immediately 
proceed  to  impose  this  tax  ;  or  they  may  add  the  amount  to  any 
tax  thereafter  imposed  for  district  purposes,  as  may  be  most  con 
venient. 

Trustees  should  exercise  a  liberal  discretion  in  making  exemp 
tions  in  behalf  of  indigent  inhabitants,  so  that  the  charge  for  tuition 
shall  in  no  case  be  burdensome  :  while  on  the  other  hand,  they 
should  never  allow  the  consideration  of  the  trifling  amount  of  the 
general  tax  for  such  exemption  when  levied  upon  the  whole  taxa 
ble  property  of  the  district,  to  tempt  them  into  an  unnecessary  ex 
ercise  of  the  powers  confided  to  them. 

To  illustrate  this  proceeding  more  fully,  let  us  apply  the  several 
steps  necessary  to  be  taken  in  ordinary  cases.  Suppose  a  teacher 
employed  for  the  usual  term  of  four  months  at  $20  per  month. 
The  public  money,  including  local  funds,  belonging  to  the  district, 
and  applicable  to  the  term,  either  by  the  decision  of  a  district 
meeting,  as  above  specified,  or  by  the  determination  of  the  trustee*, 
is  $40  :  the  amount  due  the  teacher  for  his  quarter's  services  is  of 
course  $80,  of  which  the  trustees  pay  him  $40  at  once,  from  the 
public  money,  and  take  his  receipt  therefor.  They  then  call  upon 
him  for  his  list,  kept  and  verified  according  to  the  provisions  of 
§  104,  (No.  127J  and  after  haying  ascertained  from  such  list,  the 
number  of  days'  attendance  for  which  each  person  sending  to  school 
is  liable,  they  will  proceed  to  assess  the  respective  proportions  of 
the  remaining  $40,  from  each,  according  to  the  whole  number  of 
days  and  children  sent.  Thus  if  one  inhabitant  has  sent  four  chil 
dren  for  104  days,  he  will  be  charged  for  416  days,  and  so  OH. 
Suppose  upon  adding  up  the  whole  number  of  days  thus  ascer 
tained,  the  total  is  found  to  be  4,000,  for  the  average  attendance 
of  40  scholars  for  the  whole  term  :  the  proportion  of  $40  due  for 
one  scholar  for  each  day,  would  be  one  cent :  and  this  multiplied 
by  the  number  of  days  each  scholar  attended,  would  give  his  pro 
portion  :  and  by  adding  the  proportions  of  each  belonging  to  the 
15 


226 


same  family,  the  amount  due  from  each  person  sending  to  school  is 
ascertained.  The  trustees  then  make  out  an  assessment  in  the 
following  form. 

Form  of  Assessment. 

Assessment  containing  the  name  of  each  person  liable  for 
teachers'  wages  in  district  No.  in  the  town  of  Trenton,  for 
the  term  ending  on  the  day  of  185  ,  and  the  amount  for 
which  each  person  is  liable. 


Names  of  inhabitants  sending  to  school. 

Whole    No. 
of  days  sent. 

Amount  of 
school  bill. 

104 

$1  04 

416 

4  16 

Timothy  Warner,  

312 

3  12 

Peter   Barney,  

50 

50 

Solomon   Kinney,  

54 

54 

416 

4  16 

104 

1  04 

William  Johnson,  

104 

1  04 

520 

5  20 

John  Radcliff,  

520 

5  20 

James  Tunicliff,  

520 

5  20 

John  Simons,  

520 

5  20 

Joseph    Williams,  

360 

3  60 

3,120 

$40  00 

The  assessment  should  be  signed  by  the  trustees  and  filed  with 
the  district  clerk. 

The  next  step  is  to  exempt  such  indigent  persons  as  the  trustees 
may  think  proper,  from  the  payment  of  the  sums  set  opposite  to 
their  names,  either  wholly  or  in  part.  Suppose  Peter  Barney  to 
be  exempted  wholly,  and  Thomas  Jones  and  John  Radcliff  each 
from  the  payment  of  one-half  the  amounts  assessed  to  them ;  the 
trustees  will  first  make  out  a  certificate,  to  be  filed  with  the  clerk 
of  the  district  in  the  following  for.m  : 

3.    CERTIFICATE  OF  EXEMPTION. 

We,  the  undersigned,  trustees  of  District  No.  in  the  town 
of  Trenton,  do  certify,  that  we  have  this  day  exempted  Peter 
Barney  from  the  payment  of  any  share  of  the  wages  of  the  teacher 
employed  in  said  district  for  the  term  ending  on  the  day  of 

Jk$g*  18  and  Thomas  Jones  and  John  Radcliff  each 
from  the  payment  of  one  half  the  amount  assessed  to  them  respec 
tively,  as  their  share  of  such  wages. 

Dated  this  day  of  )  A.  B. 

18  C.  D.  y  Trustees. 

E.  F. 


11  • 

I 


227 

They  will  then  proceed  to  make  out  their  rate  bill  and  warrant 
in  the  following  manner  : 

Form  of  Rate  Sill  and  Warrant. 

Rate  bill,  containing  the  name  of  each  person  liable  for  teachv 
ers' wages,  in  District  No.  in  the  town  of  Trenton,  for  the 
term  ending  on  the  .  day  of  185  and  the  amount 

for  which  each  person  not  exempted,  either  wholly  or  in  part, 
from  the  payment  of  such  amount,  is  so  liable,  with  the  fees  of  the 
collector  thereon. 


0 

1 

ft 

Names  of  inhabitants  sending 

l! 

2 

O  =3 

to   school. 

C    tn 

^  X) 

CO 

a 

"§  "^ 

§ 

*Udi  >!'.)^i«yiJ-   .-:;  i 

to 

S 

104 

$1  04 

416 

4  16 

Timothy  Warner,  

312 

3  12 

Solomon  Kinney,  

54 

0  54 

William  Jones,  

416 

4  16 

Paid  to  teacher. 

104 

1  04 

William  Johnson,  

104 

1  04 

$3  paid  to  teacher. 

Thomas  Jones,  

520 

2  60 

John  RadcliflT,  

520 

2  60 

I  ;•  :    ••••  !'i  ",'•••'  t 

James  Tunicliff  

520 

5  20 

,-,,,.'••- 

520 

5  2i) 

! 

360 

3  60 

•  •«  >        "  I»  !  '  '    •  •     5   *  * 

.  

3,070 

36  90 

To  the  Collector  of  School  District  No.  in  the  town  of 
Trenton,  in  the  county  of  Oneida. 

You  are  hereby  commanded  to  collect  from  each  of  the  persons 
in  the  annexed  rate  bill  named,  the  several  sums  mentioned  in  the 
last  column  thereof,  with  five  per  cent  for  your  fees,  except  on 
amounts  paid  in  within  two  weeks  after  the  receipt  of  this  warrant 
at  one  per  cent.,  and  within  thirty  days  after  receiving  this  war 
rant  to  pay  the  amount  so  collected  by  you,  into  the  hands  of  the 
trustees  of  said  district,  or  one  of  them ;  and  in  case  any  person 
therein  named  shall  neglect  or  refuse  to  pay  the  amount  set  opposite 
his  name  as  aforesaid,  you  are  to  levy  the  same  by  distress  and  sale 
of  the  goods  and  chattels  of  such  person,  except  such  as  are  exempt 
by  section  twenty-two,  article  two,  title  five,  chapter  six,  part  three 
of  the  revised  statutes  from  levy  and  sale  under  execution. 


228 

Given  under  our  hands,  this  day  of  in  the  year 

of  Lord  one  thousand  eight  hundred  and 


A.  B.) 
C.  D.  [• 
E.  F.) 


Trustees. 


There  will  still  remain  $3  10  of  the  amount  due  the  teacher 
lor  his  wages,  being  the  amount  of  exemptions  by  the  trustees  ; 
and  this  sum  must  be  levied  by  tax  on  all  the  taxable  inhabitants 
of  the  district  and  corporations  holding  property  therein,  in  the 
same  manner  as  though  such  amount  had  been  actually  voted  by 
the  district  to  be  raised.  If  the  teacher  can  wait  upon  the  district, 
or  the  trustees  choose  to  advance  the  money  in  its  behalf,  the 
amount  may  be  added  to  the  next  tax  that  may  be  voted  for  dis 
trict  purposes.  It  should,  however,  be  assessed  within  a  reason 
able  time ;  and  wherever  the  amount  of  exemptions  is  sufficient 
to  warrant  an  immediate  assessment,  it  should  at  once  be  levied. 
The  trustees  must  exercise  a  sound  discretion  in  this  respect, 
with  reference  to  the  amount  to  be  raised,  and  the  probability  of 
an  early  opportunity  to  add  it  to  some  district  tax. 

The  following  property  when  owned  by  any  person  being  a 
house-holder  is  exempt  from  the  operation  of  the  collector's  warrant, 
on  a  rate-bill,  viz  : 

"  1.  All  spinning  wheels,  weaving  looms  and  stoves  put  up,  or 
kept  for  use  in  any  dwelling  house  : 

"  2.  The  family  bible,  family  pictures  and  school  books  used  by 
or  in  the  family  of  such  person  ;  and  books  not  exceeding  in  value 
fifty  dollars,  which  are  kept  and  used  as  part  of  the  family  library  : 

u  3.  A  seat  or  pew  occupied  by  such  person  or  his  family,  in  aay 
house  or  place  of  public  worship  : 

"  4.  All  sheep  to  the  number  of  ten,  with  their  fleeces  and  the 
yarn  or  cloth  manufactured  from  the  same ;  one  cow,  two  swine, 
the  necessary  food  for  them  ;  all  necessary  pork,  beef,  fish,  flour, 
and  vegetables  actually  provided  for  family  use ;  and  necessary 
fuel  for  the  use  of  the  family  for  sixty  days  : 

"  5.  All  necessary  wearing  apparel,  beds,  bedsteads  arid  bedding 
for  such  person  and  his  family  ;  arms  and  accoutrements  required 
by  law  to  be  kept  by  such  person  ;  necessary  cooking  utensils  ;  one 
table ;  six  chairs ;  six  knives  and  forks ;  six  plates ;  six  teacups 
and  saucers  :  one  sugar  dish ;  one  milk-pot ;  one  tea-pot  and  six 
spoons  ;  one  crane  and  its  appendages ;  one  pair  of  and-irons  and 
a  shovel  and  tongs : 

"  6.  The  tools  and  implements  of  any  mechanic,  necessary  to  th« 
carrying  on  of  his  trade,  not  exceeding  twenty-five  dollars  in  value." 

Sec.  22.  Chapter  6.  Art.  2.  Title  5.  Part  3.  Rev.  Stat. 

Where  a  person  agrees  to  pay  for  a  certain  number  of  scholars, 
he  is  entitled  to  the  benefit  of  the  public  money  in  reduction  of 
their  school  bills. —  Com.  School  Dec.  83. 

In  making  out  rate-bills,  inhabitants  of  districts  can  only  be 
charged  for  so  much  time,  as  their  children  have  actually  attended 
school— Id.  15. 


All  children  attending  the  district  school  must  be  charged  at  the 
same  rate  for  tuition,  without  regard  to  the  studies  pursued. — Id.  47, 

A  resident  of  a  school  district  cannot  be  prosecuted  by  the 
trustees  for  the  amount  due  on  his  rate-bill.  The  only  remedy 
against  himjis  by  distress  and  sale  of  his  goods  and  chattels. — Id. 
2§4. 

In  the  exercise  of  the  power  conferred  upon  the  trustees,  of  ex 
empting  indigent  inhabitants  of  their  district  from  the  payment  of 
tke  whole  or  of  portions  of  their  rate-bills,  the  utmost  liberality, 
compatible  with  justice  to  the  district,  should  be  indulged.  Noth 
ing  can  be  more  at  variance  with  the  benign  spirit  and  intent  of 
the  school  laws,  than  the  compulsory  distress  and  sale  of  articles  of 
absolute  necessity  to  an  indigent  family,  for  the  purpose  of  satisfy 
ing  the  rate-bill  for  teachers'  wages.  And  yet  cases  of  this  kind 
are  frequently  brought  to  the  notice  of  the  department.  Every 
reasonable  facility  should  be  afforded  to  the  children  of  the  poor, 
for  the  attainment  of  all  the  blessings  and  advantages  of  element 
ary  instruction :  and  this  should  never  be  permitted  to  become  in 
any  degree  burdensome  to  their  parents.  Where  any  inhabitant 
of  the  district  in  indigent  circumstances  cannot  meet  the  rate-bill 
for  the  payment  of  the  teachers'  wages,  without  subjecting  himself 
to  serious  embarrassment,  or  his  family  to  sensible  deprivation,  he 
should  promptly  and  cheerfully  be  exonerated.  A  just  feeling  of 
pride  may  reasonably  be  expected  to  preclude  any  from  availing 
themselves  of  this  exemption,  unless  under  the  pressure  of  absolute 
necessity  ;  and  occasional  abuses  of  the  privilege  so  accorded,  are 
productive  of  less  disastrous  results,  than  a  prevailing  impression 
among  the  indigent  inhabitants  of  a  district,  that  their  children  can 
partake  of  the  advantages  of  common  school  education,  only  at  a 
burdensome  charge  to  themselves,  and  by  a  sacrifice  of  the  ordinary 
necessities  and  comforts  of  their  families. 

Indigent  persons  may  be  exempted  from  the  payment  of  school 
bills,  whether  there  is  public  money  to  be  applied  to  the  term  or 
act. —  Com.  School  Dec.  56. 

The  exemption  of  indigent  persons  from  the  payment  of  the 
wages  of  teachers  is  a  matter  of  discretion  with  the  trustees,  not 
regulated  by  any  specific  restrictions,  but  entrusted  to  them  to  be 
disposed  of  in  good  conscience,  with  a  just  regard  to  the  rights  of 
all  concerned. — Id.  241. 

Trustees  are  the  sole  judges  of  the  ability  of  the  persons  residing 
within  their  respective  districts  to  pay  their  school  bills. —  Com. 
School  Dec.  254. 

The  wages  of  an  unqualified  teacher  must  be  collected  by  rate- 
bill  against  those  sending  to  school,  in  the  same  manner  as  though 
he  held  a  certificate,  provided  he  was  duly  employed  by  the  trustees. 
— Id.  61,  76,  213. 

The  wages  of  two  teachers,  employed  for  different  terms,  or  dif 
ferent  portions  of  the  same  term,  at  different  rates  of  compensation, 
cannot  be  included  in  one  rate-bill. — Id.  168,  &c. 


230 

Trustees  cannot  transfer  to  teachers  the  right  of  enforcing  the 
collection  of  their  wages.  If  the  teacher  agrees  to  collect  his  own 
wages,  it  is  right  that  he  should  do  so,  to  the  extent  of  his  ability ; 
but  in  case  of  failure,  the  trustees  alone  can  issue  a  rate-bill  and 
warrant ;  and  they  should  do  so  notwithstanding  any  agreement  to 
the  contrary  with  the  teacher. — Id.  288  ;  Per  Dix,  Sup't. 

Trustees  cannot  include  in  a  rate-bill  any  other  object  than  the 
wages  of  the  teacher  under  the  contract  made  by  them. 

Where  a  person  had  from  charitable  motives,  taken  a  poor 
family  to  reside  with  him,  in  his  house,  the  children  of  which  at 
tended  the  district  school,  it  was  held  that  he  was  not  liable  for  the 
tuition  of  such  indigent  children,  unless  they  were  sent  to  school 
by  him  under  an  express  or  implied  contract  to  be  responsible  for 
such  tuition  ;  and  that  if  sent  by  their  parents,  or  if  they  attended 
school  of  their  own  accord,  the  trustees  should  exempt  the  parents 
from  payment  of  the  tuition  bill. — Per  SPENCER,  Supt.  1840. 

A  grandfather  is  not  prima  facie  liable  for  the  board  or  school 
ing  of  a  grandchild.  He  may,  however,  become  liable,  in  the  same 
manner  and  to  the  same  extent  as  any  individual  who  has  a  youth 
residing  with  him  whom  he  supports  and  suffers  to  go  to  school, 
without  giving  any  particular  directions  on  the  subject.  An  im 
plication  would  arise  that  it  was  by  his  assent.  But  the  father  or 
mother  is  prima  facie  liable  :  and  some  positive  acts  on  the  part  of 
the  grandfather  must  be  shown,  amounting  to  an  assumption  of 
liability  on  his  part  before  he  can  be  held  responsible  for  the  pay 
ment  of  tuition  under  such  circumstances. — Id.  1841. 

SCHOOLS  FOR  COLORED  CHILDREN. 

By  §  147  of  the  act  of  1847,  (No.  179,)  a  school  for  colored 
children  may  be  established  in  any  district,  with  the  approbation 
of  the  commissioners,  which  is  to  be  under  the  charge  of  the 
trustees  of  the  district  in  which  such  school  is  established.  Trus 
tees  in  their  annual  reports  are  also  required  particularly  to  speci 
fy  the  number  of  such  children  over  four  and  under  twenty-one 
years  of  age  attending  such  school  from  different  districts,  nam 
ing  such  districts  respectively,  and  the  number  from  each  attend 
ing  for  four  months,  and  instructed  by  a  duly  qualified  teacher, 
which  report  is  to  form  the  basis  of  an  apportionment  to  such 
school,  of  a  share  of  the  public  money. 

The  provisions  contained  in  this  section  are  more  particularly 
applicable  to  those  cities  and  large  villages  where  no  special  legal 
provisions  have  been  made  for  the  instruction  of  colored  children. 
The  means  provided,  are  it  is  true,  altogether  insufficient  to  meet 
the  expense  which  must  necessarily  be  incurred  in  the  organiza 
tion  of  these  schools  ;  and  inasmuch  as  the  class  of  community 
for  whose  special  benefit  they  are  intended  are  generally  unable 
to  contribute  to  such  expense,  in  any  considerable  degree,  the 


231 

object  in  view  can  seldom  be  fully  attained,  but  through  the 
efforts  of  charitable  and  benevolent  individuals  in  the  several 
districts,  from  which  the  colored  schools  are  composed.  These 
efforts  have  hitherto  been  paralyzed  from  the  absence  of  any 
legal  power  to  effect  the  necessary  organization  ;  and  the  pro 
vision  now  made  was,  doubtless,  intended  to  supply  that  defect, 
and  to  furnish  a  nucleus  around  which  the  benevolent  exertions 
of  the  friends  of  education  and  humanity  might  be  concentrated. 
If,  however,  in  any  of  the  country  districts,  a  colored  school  can 
be  organized  and  efficiently  kept  up  for  the  requisite  length  of 
time,  it  is  hoped  no  efforts  will  be  spared  to  carry  into  effect  the 
provisions  of  the  section.  Colored  children  are  entitled  equally  with 
all  others,  to  the  privileges  and  advantages  of  the  district  school ; 
and  wherever  they  can  be  grouped  together  in  a  separate  school, 
under  the  charge  of  a  competent  teacher,  they  will  be  far  more 
likely  to  derive  the  full  benefits  of  such  instruction  as  may  be 
best  adapted  to  their  circumstances  and  condition,  while  at  the 
same  time,  the  disadvantages  inseparable  from  their  attendance 
at  the  district  school,  will  be  avoided. 

Trustees  have  power,  with  the  assent  of  the  Town  Superin 
tendent,  and  by  a  vote  of  the  inhabitants  of  their  district,  to  pur 
chase,  hire  or  build  a  school-house  or  room  for  the  accommodation 
of  the  colored  children  of  their  own  and  other  adjoining  districts;  to 
supply  the  same  with  the  necessary  furniture,  fuel  and  appen 
dages  ;  and  to  employ  a  competent  teacher. 

By  §  104,  of  the  act  of  1847,  (No.  127,)  the  trustees  of  each 
district  are  to  provide  a  book,  in  which  the  teachers  are  to  enter 
the  names  of  the  scholars  attending  school,  and  the  number  of 
days  they  shall  have  respectively  attended,  and  also  the  number 
of  times  the  school  has  been  inspected  by  the  Town  Superintend 
ents.  This  list  is  to  be  verified  by  the  oath  of  the  teacher. 

None  but  children  residing  in  a  school  district  can  of  right  be 
benefitted  by  the  public  money.  Indeed,  the  trustees  can  ex 
clude  all  children,  except  those  who  are  residents  of  the  district, 
from  the  school.  But  if  such  non-resident  children  are  permitted 
by  the  trustees  to  attend  the  school,  their  parents  should  be  ap 
prised  of  the  conditions  on  which  they  are  received  ;  and  one  of 
these  conditions  may  be,  that  part  of  the  public  money  shall 
be  applied  for  their  benefit.  Where  no  such  conditions  how 
ever  are  exacted  by  the  trustees,  and  such  non-resident  children 
are  admitted  on  the  application  and  responsibility  of  an  inhabi 
tant  of  the  district,  the  trustees  must  make  out  the  rate  bill  against 
such  inhabitant  in  the  usual  manner. 

Children  of  non-resident  parents  coming  into  a  district  and 
boarding  for  the  purpose  of  attending  school  therein,  are  not  en 
titled  to  any  share  of  the  public  money  in  reduction  of  their  rate 
bills  ;  and  their  tuition,  in  such  case,  may  be  charged,  in  the  first 
instance,  to  the  person  with  whom  they  board  ;  whose  liability 
therefor  can  be  discharged  only  by  express  notice  to  the  trustees, 


282 

that  he  declines  being  accountable  for  such  tuition.  Where, 
however,  such  children  are  hired  to  labor  or  service  in  the  family 
of  an  inhabitant  of  the  district,  or 'are  regarded  and  treated  as 
part  of  the  family  of  such  inhabitant  and  not  as  mere  temporary 
hoarders,  they  are  entitled  to  participate  equally  with  the  other 
children  of  the  district,  in  the  public  money. — Per  YOUNG,  Sup't. 
1842. 

Trustees  cannot  refuse  admittance  in  the  school  to  any  child 
whose  residence  is  in  the  district,  if  such  child  complies  with  the 
reasonable  and  proper  regulations  of  the  school. — Com.  School 
Dec.  47. 

No  child  residing  in  a  school  district  can  be  excluded  from 
the  school  on  account  of  the  inability  of  the  parents  to  pay  his 
tuition. — Id.  119. 

If  a  non-resident  owner  of  taxable  property  in  the  district 
sends  his  children  to  the  school  in  such  district  they  should  be 
permitted  to  attend,  unless  by  their  admission  the  school  would 
become  too  crowded. — Id.  317. 

All  children  residing  in  a  district  and  attending  the  school, 
are  entitled  to  participate  in  the  public  money,  without  refer 
ence  to  their  ages. — Id.  34. 

As  a  general  rule,  all  under  the  age  of  twenty-one  years,  and  of 
a  proper  age  to  be  benefitted  by  instruction,  are  entitled  to  admis 
sion.  There  must,  however,  be  some  discretion  vested  in  the 
trustees,  in  regard  to  such  admission.  Children  having  infectious 
diseases — idiots — infants — and  persons  over  twenty-one,  may  un 
doubtedly  be  excluded  ;  and  colored  children,  where  their  attend 
ance  is  obnoxious  to  the  greater  portion  of  the  patrons  of  the  school, 
especially  in  cases  where  schools  have  been  established  for  their 
separate  benefit,  within  a  reasonable  distance  from  their  residence. 
—Per  SPENCER,  Sup't.  1841. 

It  is  the  duty  of  the  trustees  to  co-operate  with  the  teacher  in 
the  government  of  the  school,  and  to  aid  him,  to  the  extent  of  their 
power  and  influence,  in  the  enforcement  of  reasonable  and  proper 
rules  and  regulations  ;  but  they  have  no  right  to  dismiss  a  scholar, 
except  for  the  strongest  reasons ;  for  example,  such  a  degree  of 
moral  depravity  as  to  render  an  association  with  other  scholars 
dangerous  to  the  latter,  or  such  violent  insubordination  as  to  ren 
der  the  maintenance  of  discipline  and  order  impracticable,  in 
which  case  they  may  legally  exclude  him  from  the  school,  until 
such  period  as  he  may  consent  to  submit  to  the  reasonable  rules 
and  regulations  of  the  teacher  and  trustees  ;  and  if  after  such  ex 
clusion  he  persists  in  attending,  without  permission  from  the 
Trustees,  and  contrary  to  their  directions,  he  may  be  proceeded 
against  as  a  trespasser. — Per  Dix  and  MORGAN,  Sup'ts  1837  and 
1850. 


233 

VI.    DUTIES  OF  TRUSTEES  IN  REFERENCE  TO  THE 
DISTRICT  LIBRARY. 

The  trustees  of  each  school  district  are  constituted  by  law  the 
trustees  of  the  library.  They  are  responsible  for  its  preservation 
and  care ;  and  the  librarian  is  subject  to  their  direction,  and 
may  at  any  time  be  removed  by  them  from  office  for  wilful  dis 
obedience  of  such  directions,  or  for  any  wilful  neglect  of  duty,  or 
even  when  they  have  reason  to  apprehend  the  loss  of  any  books, 
or  their  injury  or  destruction  by  his  misconduct.  In  case  of  such 
removal,  or  of  a  vacancy  occurring  from  any  cause,  they  are  to 
supply  such  vacancy  by  appointment,  until  the  next  annual  meet 
ing  of  the  district.  They  are  personally  liable  to  their  successors 
for  any  neglect  or  omission  in  relation  to  the  care  and  superinten 
dence  of  the  library,  by  which  any  books  therein  are  lost  or  injur 
ed,  to  the  full  amount  of  such  loss  or  injury,  and  their  action  in  re 
ference  to  its  management,  may  be  at  any  time  controled  by  the 
department,  on  appeal. 

By  the  4th  section  of  chap.  237,  of  the  Laws  of  1838,  the  sum 
of  $55,000  from  the  annual  revenue  of  the  U.  S.  Deposit  Fund, 
was  required  to  be  annually  distributed  "  to  the  support  of  com 
mon  schools,  in  like  manner  and  upon  the  like  conditions  as  the 
school  moneys  now  are  or  shall  hereafter  be  distributed,  except  that 
the  trustees  of  the  several  districts  shall  appropriate  the  sum  re 
ceived  to  the  purchase  of  a  district  library  for  the  term  of  three 
years,  (afterwards  by  §  6  of  chap.  177,  Laws  of  1839,  extended 
to  five  years,)  and  by  the  act  of  1843,  indefinitely,  with  the  mod 
ifications  therein  expressed. 

Trustees  are,  by  this  provision  authorized  to  make  the  selection 
of  the  books  for  the  library,  as  the  application  of  the  money  is  to 
be  made  by  them. 

The  object  of  the  law  for  procuring  district  libraries  is  to  diffuse 
information,  not  only,  or  even  chiefly,  among  children  or  minors, 
but  among  adults  and  those  who  have  finished  common  school 
education.  The  books,  therefore,  should  be  such  as  will  be  useful 
for  circulation  among  the  inhabitants  generally.  They  should  not 
be  children's  books,  or  of  a  juvenile  character  merely,  or  light  and 
frivolous  tales  and  romances,  but  works  conveying  solid  informa 
tion  which  will  excite  a  thirst  for  knowledge,  and  also  gratify  it,  as 
far  as  such  a  library  can.  Works  imbued  with  party  politics,  and 
t&ose  of  a  sectarian  character,  or  hostility  to  the  Christian  religion, 
should  on  no  account  be  admitted;  and  if  any  are  accidentally 
received  they  should  be  immediately  removed.  Still  less  can  any 
district  be  permitted  to  purchase  school  books,  such  as  spelling 
books,  grammars,  or  any  others  of  the  description  used  as  text  book 
ia  schools.  Such  an  application  of  the  public  money  would  be  an 
utter  violation  of  the  law.  If  any  case  of  improper  selection  of 
books  should  come  before  the  Superintendent,  by  appeal  from  any 
inhabitant,  such  selection  would  be  set  aside  ;  and  if  it  appeared 


234 

from  the  reports,  which  according  to  these  regulations  must  be 
made  that  such  books  had  been  purchased,  the  Town  Superinten 
dent  will  be  bound  to  withhold  the  next  year's  library  money  from 
such  district.  These  penalties  and  provisions  will  be  rigidly  en 
forced  ;  for  upon  a  faithful  administration  of  the  law  the  usefulness 
and  the  continuance  of  the  system  will  depend.  If  the  publU 
munificence  be  abused  it  will  unquestionably  cease. 

The  selection  of  books  for  the  district  library,  is  devolved  by 
law  exclusively  upon  the  trustees ;  and  when  the  importance  of 
this  most  beneficent  and  enlightened  provision  for  the  intellectual 
and  moral  improvement  of  the  inhabitants  of  the  several  districts, 
of  both  sexes  and  all  conditions,  is  duly  estimated,  the  trust  here 
confided  is  one  of  no  ordinary  responsibility.  In  reference  to  suck 
selections,  but  two  prominent  sources  of  embarrassment  have  been 
experienced.  The  one  has  arisen  from  the  necessity  of  excluding 
from  the  libraries  all  works  having  directly  or  remotely,  a  sectarian 
tendency,  and  the  other,  from  that  of  recommending  the  exclusion 
of  novel?,  romances  and  other  fictitious  creations  of  the  imagina 
tion,  including  a  large  proportion  of  the  lighter  literature  of  the 
day.  The  propriety  of  a  peremptory  and  uncompromising  exclu 
sion  of  those  catch-penny,  but  revolting  publications  which  culti 
vate  the  taste  for  the  marvellous,  the  tragic,  the  horrible,  and  the 
supernatural — the  lives  and  exploits  of  pirates,  banditti  and  despe 
radoes  of  every  description — is  too  obvious  to  every  reflecting  mind, 
to  require  the  slightest  argument.  Unless  parents  desire  that  their 
children  should  pursue  the  shortest  and  surest  road  to  ignominy, 
shame  and  destruction — should  become  the  ready  and  apt  imita 
tors  on  a  circumscribed  scale,  of  the  pernicious  models  which  they 
are  permitted  and  encouraged  to  study — they  will  frown  indignant 
ly  on  every  attempt  to  place  before  their  immature  minds,  works, 
whose  invariable  and  only  tendency  is  disastrous,  both  to  the  in 
tellect  and  the  heart. 

The  exclusion  of  works  imbued  to  any  perceptible  extent  with 
sectarianism,  rests  upon  the  great  conservative  principles  which  are 
at  the  foundation  of  our  free  institutions.  Its  propriety  is  readily 
conceded  when  applied  to  publications,  setting  forth,  defending,  or 
illustrating  the  peculiar  tenets  which  distinguish  any  one  of  the 
numerous  religious  denominations  of  the  day  from  the  others.  On 
this  ground  no  controversy  exists  as  to  the  line  of  duty.  But  it 
has  been  strongly  argued  that  those  "  standard  "  theological  publi 
cations  which,  avoiding  all  controverted  ground,  contain  general 
expositions  of  Christianity — which  assume  only  those  doctrines  and 
principles  upon  which  all  "evangelical"  denominations  of  Chris 
tians  are  agreed,  are  not  obnoxious  to  any  reasonable  censure,  and 
ought  not,  upon  any  just  principles,  to  be  excluded  from  the 
school  district  library.  There  are  two  answers  to  this  argument, 
either  of  which  is  conclusive.  The  one  is,  that  the  works  in  ques 
tion,  however  exalted  may  be  their  merit,  and  however  free  from 
just  censure,  on  the  ground  of  sectarianism,  are  strictly  theological, 


235 

doctrinal  or  metaphysical ;  and  therefore  no  more  entitled  to  a 
place  in  the  district  library  than  works  devoted  to  the  professional 
elucidation  of  law,  medicine,  or  any  other  learned  professions. 
Their  appropriate  place  is  in  the  family,  church  or  Sunday  school 
library.  The  other  answer  is,  that  in  every  portion  of  our  country 
are  to  be  found  conscientious  dissenters  from  the  most  approved 
theological  tenets  of  these  commentators  on  Christianity ;  indivi 
duals  who  claim  the  right,  either  of  rejecting  Christianity  alto 
gether,  (as  the  Jews,)  or  of  so  interpreting  its  fundamental  doc 
trines,  as  to  place  them  beyond  the  utmost  verge  of  "  evangelical" 
liberality  ;  and  this  too,  without,  in  any  degree,  subjecting  them 
selves  to  any  well-founded  imputations  upon  their  moral  charac 
ter  as  citizens  and  as  men.  The  state,  in  the  dispensation  of  its 
bounty,  has  no  right  to  trample  upon  the  honest  convictions  and 
settled  belief  of  this  or  of  any  other  class  of  its  citizens  against 
vhose  demeanor,  in  the  various  relations  of  society,  no  accusation 
can  be  brought ;  nor  can  it  rightfully  sanction  the  application  of 
any  portion  of  those  funds  to  which  they,  in  common  with  others, 
have  contributed,  to  the  enforcement  of  theological  tenets  to  which 
they  cannot  conscientiously  subscribe.  Any  work,  therefore,  which, 
departing  from  the  inculcation  of  those  great,  enduring  and  cardi 
nal  elements  of  religion  and  morality  which  are  impressed  upon 
humanity  as  a  part  of  its  birth-right — acknowledged  by  all  upon 
whom  its  stamp  is  affixed,  however  departed  from  in  practice,  and 
incorporated  into  the  very  essence  of  Christianity  as  its  pre-eminent 
and  distinctive  principle — shall  descend  to  a  controversy  respecting 
the  subordinate  or  collateral  details  of  theology,  however  ably 
sustained  and  numerously  sanctioned,  has  no  legitimate  claim  to  a 
place  in  the  school  district  library ,  nor  can  its  admission  be  coun 
tenanced  consistently  with  sound  policy  or  enlightened  reason. 

The  following  general  principles  have  been  laid  down  in  a 
special  report  on  common  school  libraries,  prepared  under  the 
direction  of  the  department  by  HENRY  S.  RANDALL,  Esq.,  Coun 
ty  Superintendent  of  common  schools  of  Cortland  county,  arid  may 
be  regarded  as  the  settled  principles  of  the  department  in  refer 
ence  to  this  class  of  books  : 

"  1.  No  works  written  professedly  to  uphold  or  attack  any  sect 
or  creed  in  our  country,  claiming  to  be  a  religious  one,  shall  be 
tolerated  in  the  school  libraries. 

"  2.  Standard  works  on  other  topics  shall  not  be  excluded,  be 
cause  they  incidentally  and  indirectly  betray  the  religious  opinions 
of  their  authors. 

"  3.  Works  avowedly  on  other  topics  which  abound  in  direct  and 
unreserved  attacks  on,  or  defences  of,  the  character  of  any  religious 
sect ;  or  those  which  hold  up  any  religious  body  to  contempt  or 
execration,  by  singling  out  or  bringing  together  only  the  darker 
parts  of  its  history  or  character,  shall  be  excluded  from  the  school 
libraries. 


236 

"  Is  it  said  that  under  the  above  rules,  heresy  and  error  are 
put  on  the  same  footing  with  true  religion — that  Protestant  and 
Catholic,  orthodox  and  unorthodox,  Universalist,  Unitarian,  Jew, 
and  even  Mormon,  derive  the  same  immunity  ?  The  fact  is  cos- 
ceded  ;  and  it  is  averred  that  each  is  equally  entitled  to  it,  in  a 
government  whose  very  Constitution  avows  the  principle  of  a  full 
and  indiscriminate  religious  toleration. 

"  He  who  thinks  it  hard  that  he  shall  not  be  allowed  to  combat, 
through  the  medium  of  the  school  libraries,  beliefs,  the  sin  and 
error  of  which  are  as  clear  to  him  as  is  the  light  in  Heaven,  will 
bear  in  mind  that  the  library  at  least  leaves  him  and  his  religious 
beliefs,  in  as  good  a  condition  as  it  found  him.     If  it  will  not  pro 
pagate  his  tenets,  it  will  leave  them  unattacked.  If  he  is  not  allow 
ed  to  use  other  men's  money  to  purchase  books  to  assault  their  re 
ligious  faiths,  he  is  not  estopped   from  expending  his   own  as 
sees  fit,  in  his  private,  or  in  his  Sunday-school  library — nor  is  he 
debarred  from  placing  these  books   in  the  hands  of  all  who   are 
willing   to  receive  them.     His  power  of  morally   persuading  his 
fellow  men  is  left  unimpaired ;  nor  will   he,  if  he  has  any   confi 
dence  in   the  recuperative  energies  of  truth — if  he  believes  his 
God  will  ultimately  give  victory  to  truth — ask  more.     In  asking, 
or  condescending  to  accept  the  support  of  an  earthly  "government, 
he  admits  the  weakness  of  his  cause,  the  feebleness  of  his  faith. 
He  leans  on  another  arm  than  that  which  every  page  in  the  Bible 
declares  all-sufficient.     In  what  age  of  the  world  has  any   church 
entered   into  meretricious  connexion  with  temporal   governments, 
and  escaped  unsullied  from  the  contact  ?     Any  approximation  to 
such  connexion,  even  in  the  minutest  particular — any  exclusive 
right  or  immunity  given  to  one  religious  sect  or  another  in   the 
school  library  or  elsewhere,  is  not  only  anti-religious,  but  anti-re 
publican.     As  men  we  have  the  right  to  adopt   religious  creeds, 
and  to  attempt  to  influence  others  to  adopt  them  ;  but  as   Ameri 
cans,  as  legislators  or  officials  dispensing  privileges  or   immunities 
among  American  citizens,  we  have  no  right  to  know  one  religion 
from   another.     The   persecuted  and  wandering  Israelite    comes 
here,  and  he  finds  no  bar  in  our  naturalization  laws.     The   mem 
bers  of  the  Roman,  Greek,  or  English   church  equally  become 
citizens.     Those   adopting   every    hue   of  religious  faith — every 
phase  of  heresy,  take  their  place  equally  under  the  banner   of  the 
Republic — and  no  ecclesiastical  power  can  snatch  even   'the  least 
of  these'  from  under  its  glorious  folds,     Not  an  hour  of   confine 
ment,  not  the  amercement  of  a  farthing,  not  the  deprivation   of  a 
right  or  liberty  weighing  'in  the  estimation  of  a  hair '  can  any  such 
power  impose  on  any  American  citizen,  without  his  own   full  an 
entire  acquiescence." 

With  reference  to  the  admission  of  novels,  romances,  and  other 
works  of  the  imagination,  usually  comprehended  under  the  term 
"  light  reading,  "  the  proper  course  to  be  adopted  cannot  be  better 
illustrated  than  by  the  following  extracts  from  a  report  of  the  ma- 


337 

jority  of  a  committee  appointed  by  the  Board  of  Commissioners  of 
common  schools  of  the  city  of  Utica,  understood  to  be  from  the 
pen  of  WILLIAM  J.  BACON,  Esq.,  to  examine  the  books  in  the 
school  district  library  of  the  city,  and  to  report,  among  other  things, 
as  to  the  character  and  tendency  of  any  objectionable  works  they 
might  discover  therein. 

"  The  importance  of  applying  the  funds  provided  by  the  state, 
with  rigid  regard  to  their  appropriate  object,  is  so  weighty — and 
the  temptations  to  misapply  them,  in  consequence  of  a  present 
prevailing  fondness  for  light  and  equivocal  literature,  are  so  strong, 
that  your  committee  deem  it  proper  to  enter  somewhat  into  an  ex 
amination  of  the  principles  which  should  govern  those  to  whom  is 
entrusted  the  responsible  duty  of  making  selections  for  school 
district  libraries. 

"  A  library  for  instruction  is  a  very  different  thing  from  a 
library  for  amusement.  The  circulating  library  of  a  place  of  pub 
lic  resort  for  invalids  or  persons  in  pursuit  of  ease  and  pleasure, 
is  essentially  of  a  trifling  character :  the  library  of  a  college,  or 
eminent  public  institute,  is  composed  of  graver  and  more  elevated 
productions.  While  the  book  shelves  of  a  light  young  man  are  filled 
with  frivolous  and  amusing  works,  those  of  a  student  display  the 
treasures  of  standard  literature.  School  district  libraries  should 
Mot  fall  below  the  dignity  of  usefulness  ;  in  proportion  as  they  do, 
they  fail  of  fulfilling  the  true  design  of  their  institution. 

"  A  consideration  of  the  object  of  instituting  these  libraries  will 
enable  us  to  judge  pretty  correctly  of  the  general  character  of 
books  which  should  compose  them ;  it  is  obviously,  the  informa 
tion  and  improvement  of  the  body  of  the  people  who  can  read, 
without  reference  to  parties,  sects,  classes,  callings,  or  professions. 
'The  primary  object  of  their  institution,'  says  the  Superintendent 
who  recommended  it,  '  was  to  disseminate  works  suited  to  the  in 
tellectual  improvement  of  the  great  body  of  the  people,  rather  than 
to  throw  into  school  districts  for  the  use  of  young  persons,  works 
of  a  merely  juvenile  character.'  It  was,  in  the  language  of  a  suc 
ceeding  Superintendent,  'to  diffuse  information — not  only,  or  even 
chiefly,  among  children  or  minors — but  among  adults  and 
those  who  have  finished  their  common  school  education. '  It 
was,  in  short,  to  provide  a  supplemental  source  of  instruction  to 
those  on  whom  the  common  school  has  exhausted  its  more  limited 
means. 

"  Improvement  and  information,  then,  form  the  main  object  of 
these  libraries.  It  is  only  thus  that  they  become  the  proper  sub 
jects  of  public  munificence.  Entertainment,  simply  as  entertain- 
ment,is  not  to  be  regarded  in  making  selections  for  the  school  district 
library.  It  is  no  part  of  our  public  policy  to  provide  amusements 
for  the  people.  In  this  particular  we  have  improved  not  only  on 
antiquity,  but  on  many  modern  governments,  by  substituting,  in 
the  place  of  vain  and  wasteful  public  shows  and  frivolities,  those 
more  substantial  and  elevating  subjects  of  public  bounty,  which 


238 

consist  in  permanent  and  wise  institutions,  designed  to  fit  our  citi 
zens  for  the  proper  discharge  of  their  duties  as  members  of  a  great 
community,  whose  duration  and  prosperity  depend  upon  the  know 
ledge  and  virtue  of  the  people. 

"  We  first  teach  the  children  of  the  republic  to  read,  and  to  ap 
preciate  instruction.  We  lead  them  to  thirst  for  information,  and 
then  seek  to  open  the  fountains  which  may  satisfy  that  thirst. 
The  common  school  is  the  first  step  in  their  advancement — the 
school  district  library  is  partially  designed  to  be  the  second.  It 
supplies  information  of  a  more  varied  and  extensive  sort — and  if  that 
information  comes  clothed  in  allurements  of  a  virtuous,  or  entertain 
ment  of  an  innocent  character,  it  is  the  more  welcome  on  that 
account.  These  are  mere  incidents,  however — when  they  appear 
alone,  they  want  that  substantial  recommendation  which  is  neces 
sary  to  secure  their  introduction  into  the  school  district  library. 
Books  designed  for  amusement  simply — to  while  away  a  vacant 
hour,  and  be  forgotten  like  ephemera — are  evidently  no  worthy 
occupants  of  the  shelves  of  such  a  library.  There  is  enough  which 
is  instructive  and  substantial  to  exhaust  the  public  liberality,  with 
out  squandering  the  well-meant  beneficence  of  the  state  in  tran 
sient  and  trivial  publications,  which  amuse  to-day  and  to-morrowr 
are  rubbish.  l  The  books,  therefore,'  says  one  of  the  Superintend 
ents  before  quoted,  '  should  be  such  as  will  be  useful  among  the 
inhabitants  generally.  They  should  not  be  children's  books,  or 
of  a  juvenile  character,  or  light  and  frivolous  tales  and  romances; 
but  works  conveying  solid  information,  which  will  excite  a  thirst 
for  knowledge,  and  also  gratify  it,  as  far  as  such  a  library  can/  w 

The  following  remarks  from  the  annual  report  of  the  Superin 
tendent  of  common  schools,  for  the  year  1844,  will  exhibit  more 
fully  the  view  taken  of  this  branch  of  the  subject  by  the  depart 
ment:  :>j  £$; 

"  There  is  reason  to  apprehend  that  the  officers  charged  with 
the  duty  of  selecting  books  for  these  libraries  have  too  generally 
failed  to  appreciate  the  importance  of  a  suitable  provision  for  the 
intellectual  and  moral  wants  of  the  children  of  the  district.  Much 
misapprehension  has  existed  on  this  subject,  in  consequence  of 
the  general  prohibition,  contained  in  the  instructions  heretofore 
communicated  from  this  department,  against  the  introduction  into 
the  school  libraries  of  books  of 'a  merely  juvenile  character.'  The 
true  principles  upon  which  the  selections  for  these  institutions 
should  be  -made,  may  be  clearly  inferred,  as  well  from  the  original 
design  of  the  appropriation,  as  from  the  contemporaneous  exposi 
tion  of  the  Superintendent,  under  whose  immediate  auspices  it 
was  first  carried  into  effect.  The  distribution  of  the  fund  pro 
vided  for  this  purpose,  was  directed  by  the  act  under  which  it  was 
supplied,  to  be  made  'in  like  manner  and  upon  the  like  condition 
as  the  school  moneys  are  now  or  shall  hereafter  be  distributed, 
except  that  the  trustees  of  the  several  districts  shall  appropriate 
the  sum  received  to  the  purchase  of  a  district  library.'  The  amount 


239 

of  library  money,  therefore,  under  this  provision,  to  which  each 
district  became  entitled,  was  in  proportion  to  the  number  of  child 
ren  between  the  ages  of  five  and  sixteen,  residing  therein,  com 
pared  with  the  aggregate  number  in  all  the  districts,  and  not  in 
proportion  to  the  adult  population  merely,  or  the  whole  population 
combined.  The  primary  object  of  the  institution  of  district  libra 
ries,  was  declared  in  the  circular  of  Gen.  Dix  accompanying  the 
publication  of  the  act  of  1838,  to  be  'to  disseminate  works  suited 
to  the  intellectual  improvement  of  the  great  body  of  the  people, 
rather  than  to  throw  into  scho'ol  districts  for  the  use  of  the  young, 
books  of  a  merely  juvenile  character  ;  and  that  by  collecting  a  large 
amount  of  useful  information,  where  it  will  be  easily  accessible, 
the  influence  of  these  establishments  can  hardly  fail  to  be  in  the 
highest  degree  salutary  to  those  who  have  finished  their  common 
school  education,  as  well  as  to  those  who  have  not.  The  object 
in  view  will  probably  be  best  answered  by  having  books  suitable 
for  all  ages  above  ten  or  twelve  years,  though  the  proportion  for 
those  of  mature  age  ought  to  be  by  far  the  greatest.'  When  it  is 
considered  that  the  foundations  of  education  are  laid  during  the 
period  of  youth,  and  that  the  taste  for  reading  and  study  is,  with 
rare  exceptions,  formed  and  matured  at  this  period,  if  at  all,  the 
importance  of  furnishing  an  adequate  supply  of  books,  adapted  to 
the  comprehension  of  the  immature  but  expanding  intellect — suit 
ed  to  its  various  stages  of  mental  growth,  and  calculated  to  lead  it 
onward  by  a  gradual  transition,  from  one  field  of  intellectual  and 
moral  culture  to  another,  cannot  fail  to  be  appreciated.  And  even 
if  the  intellectual  wants  of  many  of  the  inhabitants  of  the  districts, 
of  more  mature  age,  are  duly  considered,  it  admits  of  little  doubt 
that  a  due  proportion  of  works  of  a  more  familiar  and  elementary 
character  than  are  the  mass  of  those  generally  selected,  would 
have  a  tendency  not  only  to  promote,  but  often  to  create  that  taste 
for  mental  pursuits  which  leads  by  a  rapid  and  sure  progression 
to  a  more  extended  acquaintance  with  the  broad  domains  of  know 
ledge.  Those  whose  circumstances  and  pursuits  in  life,  have  hith 
erto  precluded  any  systematic  investigation  of  literary  subjects, 
and  who,  if  they  possessed  the  desire,  were  debarred  the  means  of 
intellectual  improvement  now  brought  within  their  reach,  can 
scarcely  be  expected  to  pass  at  once  to  that  high  appreciation  of 
useful  knowledge,  which  the  perusal  of  elaborate  treatise  on  any 
of  the  numerous  branches  of  science  or  metaphysics  requires;  and 
the  fact  brought  to  view  by  the  annual  reports  of  the  County  Su- 
*  perintendents,  that  by  far  the  greater  proportion  of  the  inhabitants 
of  the  several  districts  neglect  to  avail  themselves  of  the  privileges 
of  the  library,  indicates  too  general  a  failure,  to  supply  these  in 
stitutions  with  the  requisite  proportion  of  elementary  books. 

"  In  the  selection  of  books  for  the  district  libraries,  suitable 
provision  should  be  made  for  every  gradation  of  intellectual  ad 
vancement  ;  from  that  of  a  child,  whose  insatiable  curiosity  eager 
ly  prompts  to  a  more  intimate  acquaintance  with  the  world  of  mat- 


240 

ter  and  of  mind,  to  that  of  the  most  finished  scholar,  who  is  pre 
pared  to  augment  his  stock  of  knowledge  by  every  means  which 
may  be  brought  within  his  reach.  The  prevalence  of  an  enlight 
ened  appreciation  of  the  requirements  of  our  people  in  this  respect, 
has  already  secured  the  application  of  the  highest  grade  of  mental 
and  moral  excellence  to  the  elementary  departments  of  literature  : 
and  works  adapted  to  the  comprehension  of  the  most  immature 
intellect,  and  at  the  same  time  conveying  the  most  valuable  in 
formation  to  more  advanced  minds,  have  been  provided — wholly 
free,  on  the  one  hand,  from  that  puerility  which  is  fit  only  for  the 
nursery,  and  on  the  other,  from  those  generalizations  and  assump 
tions  which  are  adapted  only  to  advanced  stages  of  mental  progress. 
A  more  liberal  infusion  of  this  class  of  publications,  sanctioned 
by  the  approbation  of  the  most  experienced  friends  of  education 
into  our  district  libraries,  would,  it  is  confidently  believed,  remove 
many  of  those  obstacles  to  their  general  utility,  which  otherwise 
are  liable  to  be  perpetuated  from  generation  to  generation." 

It  is  the  duty  of  the  trustees  to  provide  a  plain  and  sufficient 
case  for  the  library,  with  a  good  lock,  if  the  district  shall  have 
neglected  to  do  so.  They  are  also  to  cause  the  books  and  case  to 
be  repaired  as  soon  as  may  be,  when  injured ;  and  to  provide  suf 
ficient  wrapping  paper  to  cover  their  books,  and  the  necessary 
writing  paper  to  enable  the  librarian  to  keep  minutes  of  the  de 
livery  and  return  of  books.  These  are  proper  expenses  for  the 
preservation  and  repair  of  the  books,  and  are  to  be  defrayed  by  a 
tax  on  the  district,  which  is  to  be  added  by  the  trustees  to  any  tax 
voted  by  a  district  meeting.  It  is  not  necessary  that  the  tax  to 
defray  these  expenses  should  be  voted  by  the  inhabitants  of  th« 
district ;  it  is  to  be  assessed  and  collected  in  the  same  manner  as 
a  tax  for  building  or  repairing  a  school-house,  or  to  furnish  it  witk 
necessary  fuel  and  appendages. 

The  trustees  of  each  school  district  are  required,  at  the  time  of 
making  their  annual  reports,  to  deliver  to  the  Town  Superintea- 
dent  of  common  schools  of  their  town,  a  catalogue  containing  the 
titles  of  all  the  books  in  the  district  library,  not  previously  report 
ed,  with  the  number  of  volumes  of  each  set  or  series,  and  the  con 
dition  of  such  books,  whether  sound,  or  injured,  or  defaced.  This 
catalogue  must  be  signed  by  them  and  by  the  librarian. 

Trustees  are  authorized  by  the  regulations  of  the  Superintendent 
in  pursuance  of  law,  to  impose  the  following  fines  : 

1st.  For  each  day's  detention  of  a  book  beyond  the  time  allowed 
by  the  regulation,  six  cents,  but  not  to  be  imposed  for  more  than 
ten  days'  detention. 

2d.  For  the  destruction  or  loss  of  a  book,  a  fine  equal  to  the 
full  value  of  the  book,  or  of  the  set,  if  it  be  one  of  a  series,  with 
the  addition  to  such  value  of  ten  cents  for  each  volume.  And  OH 
the  payment  of  such  fine,  the  party  fined  shall  be  entitled  to  the  re 
sidue  of  the  series.  If  he  has  also  been  fined  for  detaining  such 
book,  then  the  said  ten  cents  shall  not  be  added  to  the  value. 


241 

3d.  For  any  injury  which  a  book  may  sustain  after  it  shall  be 
taken  out  by  a  borrower,  and  before  its  return,  a  fine  may  be  im 
posed  of  six  cents  for  every  spot  of  grease  or  oil  upon  the  cover  or 
upon  any  leaf  of  the  volume;  for  writing  in  or  defacing  any  book 
not  less  than  ten  cents,  nor  more  than  the  value  of  the  book  ;  for 
cutting  or  tearing  the  cover,  or  the  binding,  or  any  leaf,  not  less 
than  ten  cents,  nor  more  than  the  value  of  the  book. 

4th.  If  a  leaf  be  torn  out,  or  so  defaced  or  mutilated  that  it 
cannot  be  read,  or  if  any  thing  be  written  in  the  volume,  or  any 
other  injury  done  to  it,  which  renders  it  unfit  for  general  circula 
tion,  the  trustees  will  consider  it  a  destruction  of  the  book,  and 
will  impose  a  fine  accordingly,  as  above  provided  in  case  of  loss 
of  a  book. 

5th.  When  a  book  shall  have  been  detained  seven  days  beyond 
the  twenty  days  allowed  by  the  regulations,  the  librarian  is  to 
give  notice  to  the  borrower  to  return  the  same  within  three  days, 
If  not  returned  at  that  time,  the  trustees  may  consider  the  book 
lost  or  destroyed,  and  may  impose  a  fine  for  its  destruction  in  ad 
dition  to  the  fines  for  its  detention. 

Previous  to  the  imposition  of  any  fine,  two  days'  written  or 
verbal  notice  is  to  be  given  by  any  trustee,  or  the  librarian,  or  any 
other  person  authorized  by  either  of  them,  to  the  person  charged, 
to  show  cause  why  he  should  not  be  fined  for  the  alleged  offence 
or  neglect ;  and  if  within  that  time  good  cause  be  not  shown,  the 
trustees  must  impose  the  fine  herein  prescribed.  No  other  excuse 
for  an  extraordinary  injury  to  a  book,  that  is,  for  such  an  injury 
as  would  not  be  occasioned  by  its  ordinary  use  should  be  received, 
except  the  fact  that  the  book  was  as  much  injured  when  it  was 
taken  out  by  the  person  charged,  as  it  was  when  he  returned  it. 
As  such  loss  must  fall  on  some  one,  it  is  more  just  that  it  should 
be  borne  by  the  party  whose  duty  it  was  to  take  care  of  the 
volume,  than  by  the  district.  Negligence  can  be  prevented,  and 
disputes  avoided,  only  by  the  adoption  of  this  rule.  Subject  to 
these  general  principles  the  imposition  of  all,  or  any  of  these  fines, 
is  discretionary  with  the  trustees,  and  they  should  ordinarily  be 
imposed  only  for  wilful  or  culpably  negligent  injuries  to  books, 
or  where  the  district  actually  sustains  a  loss,  or  serious  injury. 
Reasonable  excuses  for  the  detention  of  the  books  beyond  the 
twenty  days,  should  in  all  cases  be  received. 

The  librarian  is  to  inform  the  trustees  of  every  notice  given  by 
him  to  show  cause  against  the  imposition  of  a  fine  ;  and  they  are 
to  assemble  at  the  time  and  place  appointed  by  him,  or  by  any 
notice  given  by  them,  or  any  one  of  them  ;  and  to  hear  the  charge 
and  defence.  They  are  to  keep  a  book  of  minutes,  in  which  every 
fine  imposed  by  them,  and  the  cause,  shall  be  entered  and  signed 
by  them,  or  the  major  part  of  them.  Such  original  minutes,  or  a 
copy  certified  by  them,  or  the  major  part  of  them,  or  by  the  clerk 
of  the  district,  is  made  conclusive  evidence  of  the  fact  that  a  fine 
16 


242 

was  imposed  as  stated  in  such  minutes, according  to  the  regulations. 
It  is  the  duty  of  trustees  to  prosecute  promptly  for  the  collec 
tion  of  all  fines  imposed  by  them.  Fines  collected  for  the  deten 
tion  of  books,  or  for  injuries  to  them,  are  to  be  applied  to  defray 
the  expense  of  repairing  the  books  in  the  library.  Fines  collec 
ted  for  the  loss  or  destruction  of  any  book,  or  of  a  set  or  series  of 
books,  are  to  be  applied  to  the  purchase  of  the  same  or  other 
suitable  books. 

VII.  ANNUAL  REPORT  OF  TRUSTEES. 

1.    WHEN  TO  BE    MADE,  AND  WHAT  TO  CONTAIN. 

By  section  116  of  the  act  of  1847,  (No.  136,)  trustees  are  re 
quired  to  make  and  transmit  their  annual  reports  to  the  Town 
Superintendent,  between  thejirst  and  fifteenth  days  of  January 
in  each  year.  By  §  115,  (No.  137,)  such  report  is  to  be  dated 
on  the  first  day  of  January,  and  must  specify  : 

1.  The  whole  time  any  school  has  been  kept  in   their  district 
during  the  year  ending  on  the  day   previous  to  the  date  of  such 
report,  and  distinguishing  what  portion  of  the  time  such  school 
has  been  kept  by  qualified  teachers  : 

2.  The  amount  of  moneys  received  from  the  Town  Superin 
tendent  of  common  schools,  during  such  year,  and  the  manner  in 
which  such  moneys  have  been  expended : 

3.  The  number  of  children  taught  in  the  district  during  such 
year,  and  the  name  and  age  of  each  child  : 

4.  The  name  and  age  of  each  child  residing  in  the  district,  on  the 
last  day  of  December  previous  to  the  making  of  such  report,  over 
theage  of  four  years  and  under  twenty-one  years  of  age.  (except  In 
dian  children,  otherwise   provided  for  by  law,)  and  the  names  of 
the  parents  or  other  persons  with   whom  such  children  shall   re 
spectively  reside  and  the  number  of  children  residing  with  each. 

5.  The  amount  of  money  paid  for  teachers'  wages,  in  addition 
to  the  public  money  paid  therefor,  the  amount  of  taxes  levied  in 
said  district  for  purchasing  school-house  sites,  for  building,  hiring, 
purchasing,  repairing  and  insuring  school-houses,  for  fuel,  for  sup 
plying   deficiencies  in  rate-bills,   for  district  libraries  or  for  any 
other  purpose   allowed   by  law,  and   such  other  information  in 
relation  to  the  schools  and  the  districts  as  the  Superintendent  of 
common  schools  may  from  time  to  time  require. 

By  virtue  of  the  authority  conferred  on  the  Superintendent, 
under  this  provision,  they  are  also  required  to  state  in  their  an 
nual  reports, 

1.  The  number  of  books  belonging  to  their  district  library  on 
the  last  day  of  December  in  each  year  : 

2.  The  number  of  times  the  school  in  their  district  has  been 
inspected  and  visited  by  the  Town  Superintendents,  respectively, 
during  the  year  reported  : 

8.  The  names  of  the  several  school  books  in  use  in  the  school 
in  their  district,  during  such  year : 


243 

4.  The  number  of  pupils  who  have  attended  the  school  in  said 
district  for  a  term  less  than  two  months,  during  the  said  year  ;  the 
number   attending  two,   and  less  than  four  months  ;  the  number 
attending  four   and  less  than   six  months ;  the  number  attending 
six  and  less  than  eight  months ;  the  number  attending  eight  and 
less  than  ten  months ;  the  number  attending  ten   and  less  than 
twelve  months;  and  the  number  attending  twelve  months: 

5.  The  number  of  select  and  private  schools  in  their  district, 
other  than  incorporated  seminaries,  and  the  average  number  of 
pupils  attending  them  during  the  preceding  year  : 

6.  The  number  of  colored  children   between  the   ages  of  four 
and  twenty-one  years,  attending  any   school   for   such   children 
established   in  the  district,  and  instructed  therein   at  least  six 
months  by  a  teacher  duly  licensed,  specifying  the  number  attend 
ing  from  different  districts,   designating  such   districts,  and   the 
number  from  each,  the  amount  of  public  money  received  from  the 
Town   Superintendent  for  such  schools,  during   the  year  ending 
with  the  date  of  their  report,  and  the  amount  paid  for  the  compen 
sation  of  such  teacher,  over  and  above  the  public  money  so  received. 

One  of  the  most  important  items  in  the  annual  report  of  trustees 
is  the  number  of  children  residing  in  the  district  between  the  ages 
of  4  and  21,  as  it  affords  the  most  sure  and  practical  test  of  the 
progress  of  primary  education.  There  is  reason  to  believe,  that 
the  reports  have  heretofore  been  very  inaccurate  in  this  respect. 
Some  difficulty  has,  it  is  true,  been  experienced  in  determining 
with  the  requisite  precision,  the  children  proper  to  be  included 
within  the  boundaries  of  the  several  districts ;  but  the  specific  pro 
visions  of  the  late  act,  §  118,  (No.  138,)  will,  it  is  believed,  remove 
every  difficulty  of  this  kind.  By  that  section  it  is  required  that 
the  reports  shall  include  all  children  over  4  and  under  21,  who,  at 
the  date  of  the  report,  are  actually  in  the  district,  composing  part 
of  the  family  of  their  employers,  &c.,  residing  at  the  time  in  the 
district,  although  such  residence, — that  is  of  the  employers, 
parents,  &c.,  be  temporary.  But  children  belonging  to  the  family 
of  a  person  who  is  an  inhabitant  of  another  district,  are  not  to  be 
included.  If  therefore  a  person  who  is  not  an  inhabitant  of  some 
other  district,  resides  temporarily  in  a  given  district,  all  the  child 
ren  belonging  to  his  family  are  to  be  reported.  The  law  embraces 
a  class  of  persons  who  were  not  before  enumerated  in  any  dis 
trict — those  whose  parents  or  employers  had  not  gained  a  residence 
in  the  state. 

Children  attending  an  academy,  are  to  be  enumerated,  only 
where  their  parents  are  actually  residents  of  the  district  in  which 
the  academy  is  situated. —  Com.  School  Dec.  58. 

Trustees  are  expressly  prohibited  by  law  from  including  in  their 
enumeration  children  supported  at  a  county  poor-house,  §  117, 
(No.  137.) 

The  children  of  a  man  removing  on  the  last  day  of  December 
from  one  district  to  another,  are  to  be  enumerated  in  the  district 
into  which  he  moves.  The  enumeration  is  made  with  a  view  to 


244 

the  apportionment  of  the  money  for  the  succeeding  year  ;  and  it  is 
proper  that  the  money  drawn  upon  the  basis  of  that  enumeration 
should  as  far  as  possible,  go  to  the  district  in  which  the  children 
enumerated  are  to  reside,  and  in  which  the  money  received  for 
their  benefit  is  to  be  expended. —  Com.  School  Dec.  216. 

A  man  cannot,  however,  gain  a  residence  in  a  place  unless  he 
goes  there  with  the  intention  of  remaining.  Where,  therefore,  an 
inhabitant  of  a  school  district  leaves  such  district  with  the  whole 
or  a  portion  of  his  family  a  few  days  previous  to  the  last  of  De 
cember,  and  goes  into  another  district,  where  after  remaining  a 
few  days,  he  returns  to  the  former  district,  his  children  are  never 
theless  to  be  enumerated  by  the  trustees  of  the  district  to  which  he 
evidently  belongs. — Per  YOUNG,  Sup't. 

Form  of  a  district  report  to  be  made  by  the  Trustees  to  the  Town 
Superintendent  of  Common  Schools. 

To  the  Town  Superintendent  of  common  schools  of  the  town  of 

We,  the  trustees  of  school  district  number         in   said   town,  in 
conformity  with  the  statutes  relating  to  common  schools,  do  certify 
and  report,that  the  whole  time  any  school  has  been  kept  in  our  dis 
trict  during  the  year  ending  on  the  date  hereof,  and  since  the  date 
of  the  last  report  for  the  said  district  is,  [here  insert  the  whole  time 
any  school  has  been  kept  in  the  district  school-house,  although  for  a 
part  of  that  time  it  may  have  been  kept  by  teachers  not  duly  quali 
fied,']  and  that  during  said  year  and   since  the  date   of  said   last 
report  such  school  has  been  kept  by  a  teacher  [or  teachers  as  the 
ease  may  be,~]  after  obtaining  a  certificate  of  qualification,  accor 
ding  to  law,  is  [here  insert  the  time  with  precision :]   that  the 
amount  of  money  apportioned  to  our  district  by  the  Town   Super 
intendent  of  common  schools   during  the   said  year  and  since  the 
date  of  the  said  last  report,  except  library  money,  is   [here  insert 
the  whole  amount,  excepting  library  money,  although  it  may  have 
been  received  in  whole  or  in  part  by  predecessors  in  office,]  and  that 
the  said  sum  has  been  applied  on  our  order  to  the   payment  of  the 
compensation  of  teachers  employed  in  the  said   district  and   licen 
sed  as   the  statute  prescribes.     [If  the  amount  apportioned  has 
not  been  expended,  the  reason  for  such  omission  should  be  particu- 
larly  specified."]     That  the  amount  of  library  money  received  in 
our  district  from  the  Town    Superintendent  of  common    schools 
during  said  year  and  since  the  date  of  the  said  last  report,  is   [here 
insert  the  whole  amount  of  library  money,  alt/tough  it  may   have 
"been   received  in   whole  or  in  part  by  predecessors  in  office,~]  and 
that  the  said  sum  has  been   applied   to  the  purchase   of  a   library 
for  the  district,  [or  to  the  purchase  of  a  map  of  the  State  of  New 
York,  a  terrestrial  globe,  a  black-board,  8?c.,  (specifying  particularly 
the  articles  purchased)  in  pursuance  of  a  vote  of  the  district  at  a 
special  meeting  called  and  held  according  to  law.]      That    the 
number  of  volumes  belonging  to  the  district  library  and  on  hand 
on  the  last  day  of  December  last,  is  [here  insert  the  whole  number 


245 

of  volumes.']  That  the  number  of  children  taught  in  said  district, 
during  said  year  and  since  last  report  is  [here  insert  the  same,  not 
by  conjecture,  but  by  reference  to  the  teachers'  list,  or  other  authen 
tic  sources.']  That  of  the  said  children  (10)  attended  less  than 
two  months;  (5)  two  months  and  less  than  four;  (8)  four  months 
and  less  than  six ;  (4)  six  months  and  less  than  eight ;  eight 
months  and  less  than  ten  ;  ten  months  and  less  than  twelve ; 
twelve  months.  And  that  the  number  of  children  residing  in  our 
district  on  the  last  day  of  December  last,  who  are  over  four  and 
under  twenty-one  years  of  age,  is  [here  insert  the  number,  taking 
in  such  as  resided  in  the  district  on  the  last  day  of  December,  and 
who  were  then  over  Jour  and  under  twenty-one  years  of  age,~\  and 
that  the  names  of  the  parents,  and  other  persons  with  whom  such 
ehildren  respective  reside,  and  the  number  residing  with  each  are 
contained  in  schedule  A.  annexed. 

[If  a  colored  school  has  been  taught  in  the  district  the  following 
should  be  added  :~] 

That  the  number  of  colored  children  between  the  ages  of  4  and 
twenty-one  years  attending  a  school  taught  in  our  district  during 
the  year  aforesaid,  by  a  licensed  teacher  for  at  least  six  months, 
was  [24;]  of  whom  [10]  resided  in  said  district,  [5]  attending 
from  district  No.  5,  [4]  from  district  No.  7,  [2]  from  district  No. 
6,  and  [3]  from  district  No.  19.  That  the  whole  amount  of  pub 
lic  money  received  from  the  Town  Superintendent  of  common 
schools  of  our  town,  during  the  year  aforesaid,  for  the  use  of  said 
colored  school,  was  $  and  that  the  said  sum  has  been  applied 
to  the  compensation  of  the  teacher  thereof;  and  that  the  amount 
paid  to  such  teacher,  over  and  above  the  public  money  so  receiv 
ed,  was  $  .] 

And  we  further  report,  that  our  school  has  been  visited  by  the 
Town  Superintendent  times,  during  the  year  preceding  this 
report,  and  that  the  sum  paid  for  teachers'  wages,  over  and  above 
the  public  moneys  apportioned  to  said  district,  during  the  same 
year,  amounts  to  $  .  [Is  to  be  filled  with  the  sum  total  of  all 
the  school  bills  for  the  year,  after  applying  the  school  money  to  the 
payment  of  such  wages  ]  That  the  school  books  in  use  in  said 
district  during  said  year,  are  the  following,  viz :  [Here  specify 
the  titles  of  all  the  text  books  used  in  the  school  during  the  several 
terms.  That  there  have  been  private  or  select  schools,  not 
incorporated,  taught  in  said  district  during  the  year  aforesaid,  and 
that  the  average  number  of  pupils  in  attendance  therein  was. 
[Here  state  the  number  as  near  as  can  be  ascertained."] 

Dated  at  the  first  day  of  January,  in  the   year  of  our 

Lord  one  thousand  eight  hundred  and 

A.  B.) 

C.  D.  V  Trustees, 

E.  F.) 


246 

Form  of  a  District  Report,  where  the  district  is  formed  out  of  two 
or  more  adjoining  towns. 

To  the  Town  Superintendent  of  common  schools  of  the  town  of 

We,  the  trustees  of  school  district  number  ,  formed  partly 
out  of  said  town,  and  partly  out  of  the  adjoining  town  of  ,  do,  in 
conformity  with  the  statutes  relating  to  common  schools,  certify  and 
report, 

That  the  school  house  in  said  district  is  situated  in  the  town 
of  '  *.»'y!  That  the  whole  time  any  school  has 

been  kept  in  our  district,  during  the  year  ending  on  the  date 
thereof,  and  since  the  date  of  the  last  report  for  said  dis 
trict,  is  [here  insert  the  whole  time  any  school  has  been  kept 
in  the  district  school-house,  although  for  a  part  of  that  time  it 
may  have  been  kept  by  teachers  duly  qualified,]  and  that  the  time 
during  said  year  and  since  the  date  of  said  last  report,  such  school 
has  been  kept  by  a  teacher,  [or  teachers,  as  the  case  may  be,~]  after 
obtaining  a  certificate  of  qualification  according  to  law  is  [here  in 
sert  the  time  with  precision.]  That  the  amount  of  money  appor 
tioned  to  our  district  by  the  Town  Superintendents  of  common 
schools,  during  the  said  year,  and  since  the  date  of  the  said  last 
report,  excepting  library  money,  is  [here  insert  the  whole  amount 
excepting  library  money,  although  it  may  have  been  received  in 
whole  or  in  part  by  predecessors  in  office,]  and  that  of  the  said  sum 
of  money  so  as  above  stated  to  have  been  apportioned  to  our  said 
district,  to  be  applied  to  the  payment  of  teachers'  wages,  the  sum 
of  was  apportioned  for  and  on  account  of  that  part  of  said  dis 

trict  lying  in  the  said  town  of  and  the  sum  of        for    and 

on  account  of  the  other  part  thereof  lying  and  being  in  said  town 
of  and  that  the  said  sum  has  been  applied,  on  our  order,  to 

the  payment  of  the  compensation  of  teachers  employed  in  said 
district,  and  licensed  as  the  statute  prescribes.  That  the  amount 
of  library  money  received  in  our  district  from  the  Town  Superin 
tendent  of  common  schools  during  said  year,  and  since  the  date  of 
said  last  report,  [here  insert  the  whole  amount  of  library  money, 
although  it  may  have  been  received  in  whole  or  in  part  by  predeces 
sors  in  office,]  that  of  the  said  sum  of  money  so  as  above  stated 
to  have  been  received  in  our  said  district  for  the  purchase  of  a 
district  library  the  sum  of  was  received  for  and  on  account 

of  that  part  of  said  district   lying  in  said   town  of  and  the 

sum  of  for  and  on  account  of  the  other   part  thereof  lying 

and  being  in  the  said  town  of  and  that  the  said  sum  was, 

on  or  before  the  first  day  of  October  last,  applied  to  the  purchase 
of  a  library  for  the  district,  [or  to  the  purchase  of  maps,  globes,  fyc. 
(specifying  the  articles  purchased)  in  pursuance  of  a  vote  of  the 
district  at  a  special  meeting  called  and  held  in  the  manner  pre 
scribed  by  law.]  That  the  number  of  volumes  belonging  to  the 
district  library  and  on  hand  on  the  last  day  of  December  last,  is 
[here  insert  the  ivhole  number  of  volumes.]  That  the  number  of 


247 

children  taught  in  said  district  during  said  year,  and  since  said 
last  report,  is  [here  insert  the  same,  not  by  conjecture,  but  by  re 
ference  to  the  teachers'  list  or  other  authentic  sources,~\  That  of 
the  said  children  [10]  attended  less  that  two  months,  [8]  two 
months  and  less  than  four,  [6]  four  months  and  less  than  six,  [8] 
six  months  and  less  than  eight,  [3]  eight  months  and  less  than  ten, 
ten  months  and  less  than  twelve,  twelve  months.  And  that 
the  number  of  children  residing  in  our  district  on  the  last  day  of 
December  last,  who  were  over  four  and  under  twenty-one  years 
of  age,  is  [here  insert  the  number,  taking  in  such  as  actually  re 
side  in  the  district  on  said  day,  and  who  were  then  over  four  and 
under  twenty-one  years  of  age, ~]  and  that  the  names  of  the  parents 
or  other  persons  with  whom  such  children  respectively  reside, 
and  the  number  residing  with  each  are  contained  in  schedule  A. 
annexed. 

[If  a   colored  school  has   been  taught  in  the  district  the  following 
!<Hjyr   should  be  added  :] 

That  the  number  of  colored  children  between  the  ages  of  5  and 
16  years  attending  a  school  taught  in  our  district  during  the  year 
aforesaid,  by  a  licensed  teacher  for  at  least  four  months,  ('24,)  of 
whom  (10)  reside  in  said  district,  (5)  attended  from  district  No. 
5,  (4)  from  district  No.  7,  (2)  from  district  No.  6,  and  (3.J  from 
district  No.  19.  That  the  whole  amount  of  public  money  received 
from  the  Town  Superintendent  of  common  schools  of  our  town 
during  the  year  aforesaid,  for  the  use  of  said  colored  school,  was 
$  ,  and  that  the  said  sum  has  been  applied  to  the  compensa 
tion  of  the  teacher  thereof;  and  that  the  amount  paid  to  such 
teacher  over  and  above  the  public  money  so  received,  was  $  .] 
That  of  the  said  children,  so  as  above  stated  to  have  been  taught 
in  our  said  district,  the  number  belonging  to  that  part  of  said  dis 
trict  lying  in  said  town  of  is  ,  and  that  the  number 
belonging  to  the  other  part  thereof,  lying  in  said  town  of  is 
That  of  the  said  children  between  the  said  ages  of  four 
and  twenty-one  years,  so  as  above,  stated  to  reside  in  our  district, 
the  number  residing  in  that  part  of  said  district  lying  in  said  town 
of  is  ,  and  that  the  number  residing  in  the  other  part 
thereof,  lying  in  said  town  of  is  nUt;j> 

And  we  do  further  report  that  our  school  has  been  inspected  by 
the  Town  Superintendent  during  the  past  year  [once  or  twice, 
or  not  at  all,  as  the  case  may  be.]  That  the  sum  paid 
for  teachers'  wages  in  said  district,  over  and  above  the  pub 
lic  money  apportioned  to  said  district,  during  the  same  year, 
amounts  to  $  cents,  of  which  dollars  cents, 

were  paid  by  that  part  of  the  district  lying  in  the  town  of 
and  dollars          cents,   by   that    part   lying   in   the  town 

of  /«/»  'v 

-in.  .  vi»«'io  i 


248 

[  This  blank  is  to  be  filed  with  the  sum  total  of  all  the  school  bills 
for  the  year,  which  are  made  out  after  applying  the  school  money 
to  the  payment  of  the  teachers'  wages.~] 

That  the  school  books  in  use  in  said  district,  during  said  year, 
are  the  following,  viz  :  [Here  specify  the  title  of  all  the  text  books 
used  in  the  school  during  the  several  terms."]  That  there  have  been 
private  or  select  schools,  not  incorporated,  taught  in  said  dis 
trict  during  the  year  aforesaid,  and  that  the  average  number  of 
pupils  in  attendance  therein  was  [here  state  the  number  as  near  as 
can  be  ascertained.^ 

Dated  at  ,  this  first  day  of  January  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and 

A.  P.) 

C.  D.  }  Trustees. 
E.  F.) 

By  §  145  of  the  act  of  1847,  (No.  168,)  "Town  Superintendente 
of  common  schools,  and  trustees  and  clerks  of  school  districts,  re 
fusing  or  wilfully  neglecting  to  make  any  report,  or  to  perform 
any  other  duty  required  by  law,  or  by  regulations  or  decisions  made 
under  the  authority  of  any  statute,  shall  severally  forfeit  to  their 
town,  or  to  their  district,  as  the  case  may  be,  for  the  use  of  the 
common  schools  therein,  the  sum  often  dollars  for  each  such  neg 
lect  or  refusal,  which  penalty  shall  be  sued  for  and  collect 
ed  by  the  supervisor  of  the  town,  and  paid  over  to  the  proper  of 
ficers,  to  be  distributed  for  the  benefit  of  the  common  schools  in  the 
town  or  district  to  which  such  penalty  belongs ;  and  when  the 
share  of  school  or  library  money  apportioned  to  any  town  or  dis 
trict,  or  school,  or  any  portions  thereof,  or  any  money  to  which  a 
town  or  district  would  have  been  entitled,  shall  be  lost  in  conse 
quence  of  any  wilful  neglect  of  official  duty  by  any  Town  Super 
intendent  of  common  schools,  or  trustees  or  clerks  of  school  dis 
tricts,  the  officers  guilty  of  such  neglect  shall  forfeit  to  the  town 
or  district  the  full  amount,  with  interest,  of  the  moneys  so  lost ;  and 
they  shall  be  jointly  and  severally  liable  for  the  payment  of  such 
forfeiture." 

By  §  123,  of  the  school  act,  (No.  143,)  "Every  trustee  of  a 
school  district,  or  separate  neighborhood,  who  shall  sign  a  false  re 
port  to  the  Town  Superintendent  of  common  schools  of  his  town, 
with  the  intent  of  causing  such  Town  Superintendent  to  apportion 
and  pay  to  his  district  or  neighborhood,  a  larger  sum  than  its  just 
proportion  of  the  school  moneys  of  the  town,  shall,  for  each  offence, 
forfeit  the  sum  of  twenty-five  dollars,  and  shall  also  be  deemed 
guilty  of  a  misdemeanor." 

By  §  15  of  chap.  382,  of  Laws  of  1849,  "  Whenever  it  shall  be 
satisfactorily  proven  to  the  State  Superintendent  that  any  county 
or  town  superintendent,  or  other  school  officer,  has  embezzled  the 
public  money,  or  any  money  coming  into  his  hands  for  school  pur 
poses,  or  has  been  guilty  of  the  wilful  violation  of  any  law,  or 
neglect  of  any  duty  or  of  disobeying  any  decision,  order  or^regu- 


249 

lation  of  the  Department  of  Common  Schools,  the  State  Superin 
tendent  is  hereby  authorised  to  remove  such  officer  from  such  office, 
by  an  order  under  the  seal  of  office  of  the  Secretary  of  State." 

VIII.     TRUSTEES  ACCOUNTING  TO  THEIR  SUCCESSORS,  PAYING 
OVER  BALANCES  AND  DELIVERING  PAPERS  TO  THEM. 

By  §  125,  et,  seq.  of  the  school  act,  (No.  145,  et.  seq.,)  "The 
trustees  of  each  school  district  shall,  once  in  each  year,  render  to 
the  district,  at  its  annual  meeting,  a  just  and  true  account,  in  wri 
ting,  of  all  moneys  received  by  them  respectively,  for  the  use  of 
their  district,  and  of  the  manner  in  which  the  same  shall  have 
been  expended  ;  which  account  shall  be  delivered  to  the  district 
clerk,  and  be  filed  and  recorded  by  him.  Any  balance  of  such 
moneys,  whick  shall  appear  from  such  account  to  remain  in  the 
hands  of  the  trustees,  or  either  of  them,  at  the  time  of  rendering 
the  account,  shall  immediately  be  paid  to  some  one  or  more  of  their 
successors  in  office.  Every  trustee  who  shall  refuse  or  neglect  to 
render  such  account,  or  to  pay  over  any  balance  so  found  in  his 
hands,  shall,  for  each  offence,  forfeit  the  sum  of  twenty-five  dol 
lars. 

"  It  shall  be  the  duty  of  his  successors  in  office,  or  of  the  Town 
Superintendent,  to  prosecute  without  delay,  in  their  n  >me  of  office, 
for  the  recovery  of  such  forfeiture;  and  the  moneys  recovered 
shall  be  applied  by  them  to  the  use  and  benefit  of  their  district 
schools.  Such  successors  shall  also  have  the  same  remedies  for 
the  recovery  of  any  unpaid  balance  in  the  hands  of  a  former  trus 
tee,  or  his  representatives,  as  are  given  to  the  Town  Superintend 
ent  of  Common  Schools  against  a  former  Superintendent  and  his 
representatives;  and  the  moneys  recovered  shall  be  applied  by 
them  to  the  use  of  their  district,  in  the  same  manner  as  if  they 
had  been  paid  without  suit.  All  bonds  or  securities  taken  by  the 
trustees  from  the  collector  of  their  district,  shall,  on  the  expiration 
of  their  office,  be  delivered  over  by  them  to  their  successors  in  of 
fice." 


IX.    SUITS  BY  AND  AGAINST  TRUSTEES. 
I.       SUITS     BY    TRUSTEES. 

By  §  74,  Laws  of  1847,  (No.  96,)  trustees  are  authorized  to 
sue  for  and  recover  the  moneys  due  upon  any  security  taken  by 
them  or  their  predecessors  in  office,  on  the  sale  of  the  school-house 
and  site  of  their  district,  in  the  cases  provided  for  by  that  section, 
with  interest  and  costs. 

By§  89,  (No.  112,)  trustees  are  authorized  to  prosecute  for  the 
amount  due  on  a  tax  list  or  rate-bill,  against  non-residents  of  their 
district,  where  no  goods  or  chattels  can  be  found  in  the  district 
whereon  to  levy. 


250 

By  §  114,  (No.  134,)  they  are  directed,  in  case  the  moneys  ap 
portioned  to  their  district  are  withheld  by  the  Town  Superintend 
ent,  to  prosecute  for  the  recovery  thereof,  with  interest,  or  to  pur 
sue  such  other  remedy  for  the  recovery  thereof  as  is  or  shall  be 
given  by  law.  This  provision,  it  is  supposed,  is  applicable  only  to 
cases  of  illegal  detention  in  the  hands  of  the  Town  Superintendent 
of  money  apportioned  to  a  district,  and  not  to  the  withholding  of 
such  money  in  consequence  of  the  discovery  of  some  illegality  or 
informality  in  the  reports  from  the  districts.  Where  the  right  of 
the  district  to  its  share  is  incontestible,  and  the  amount  is  still  with 
held  for  any  reason,  the  trustees  are  directed  to  prosecute,  and  the 
proper  remedy  in  such  a  case  would  be  an  action  of  assumpsit  for 
money  had  and  received  to  the  use  of  the  district  or  teacher  against 
such  Town  Superintendent. 

By  §  128,  (No.  148,)  trustees  are  directed  to  prosecute  their 
predecessors  for  the  recovery  of  the  forfeiture  of  twenty-five  dol 
lars,  incurred  by  a  refusal  or  neglect  to  account,  or  to  pay  over  any 
balance  due  from  them,  on  the  expiration  of  their  term  of  office, 
and  to  apply  the  money  recovered  to  the  use  and  benefit  of  their 
school ;  and  by  §  129,  (No.  149,)  they  are  authorized  to  prosecute 
for  any  unpaid  balance  in  the  hands  of  a  former  trustee,  or  his  rep 
resentatives,  and  directed  to  apply  the  amount  recovered  to  the  use 
of  the  district,  in  the  same  manner  as  if  it  had  been  paid  without 
suit. 

By  §  102,  (No.  125,)  they  are  also  authorized  to  prosecute  for 
the  recovery,  with  interest  and  costs,  of  all  forfeitures  incurred  by 
a  collector,  and  unpaid  balances  in  his  hands,  and  to  apply  the  mo 
neys  recovered  in  the  same  manner  as  if  paid  without  suit. 

By  §  61,  (No.  83,)  trustees  are  to  prosecute  for  the  recovery  of 
the  fine  of  ten  dollars,  with  costs  of  suit,  imposed  upon  any 
inhabitant,  voting  at  any  school  district  meeting,  without  being 
qualified. 

•-ib  -smb  *io  •jtv.-yiSlfvj  ->i!i  UKH'I  K-    Mn* 

2.    SUITS  AGAINST  TRUSTEES. 

It  is  conceived  that  an  essential  service  may  be  rendered  to  offi 
cers  connected  with  common  schools,  by  informing  them  of  some 
general  principles  to  show  the  extent  of  their  liability  to  suits  by 
individuals. 

Officers  required  by  law  to  exercise  their  judgments  are  not  an 
swerable  for  mistakes  of  law,  or  mere  errors  of  judgment,  without 
any  fraud  or  malice.  Jenkins  vs.  Wctldron,  \\th  Johnson's  Re 
ports,  114, 

A  public  officer  who  is  required  by  law  to  act  in  certain  cases, 
according  to  his  judgment  or  opinion,  and  subject  to  penalties  for 
his  neglect,  is  not  liable  to  a  party  for  an  omission  arising  from  a 
mistake  or  want  of  skill,  if  acting  in  good  faith.  Seaman  vs.  Pat 
ten,  2d  Caine's  Reports,  312. 

But  an  officer  entrusted  by  the  common  law  or  by  statute,  is  lia 
ble  to  an  action  for  negligence  in  the  performance  of  his  trust,  or 


2*1 

for  fraud  or  neglect  in  the  execution  of  his  office.  Jenner  vs.  Jo- 
Uffe,  9  John.  Rep.  381. 

And  an  officer  who  commands  an  act  to  be  done  by  issuing  a 
warrant  or  other  process,  if  he  act  without  jurisdiction  of  the  sub 
ject  matter,  or  of  the  person,  is  liable  as  a  trespasser.  Norton  vs. 
Auchmoody,  7  Wendell,  200.  But  if  he  have  jurisdiction,  errors 
in  judgment  do  not  subject  him  to  an  action. 

Mere  irregularities  in  proceedings  will  not  render  an  officer  hav 
ing  dscretionary  powers,  or  acting  as  a  judge,  liable  to  a  ciril  suit. 
There  is  a  large  class  of  cases,  in  which  the  remedy  is  only  by 
plea  to  the  proceedings  or  by  writ  of  error. — See  Sutler  vs.  Potter 
17  Johns.  145,  and  Griffin  vs.  Mitchell,  2  Cowen's  Rep.  548. 

The  collector  or  other  officer  who  executes  process,  has  peculiar 
protection.  He  is  protected,  although  the  court  or  officer  issuing 
such  process  have  not,  in  fact,  jurisdiction  of  the  case  ;  if  on  the 
face  of  the  process,  it  appears  that  such  court  or  officer  had  juris 
diction  of  the  subject  matter,  and  nothing  appears  in  such  pro 
cess  to  apprise  the  officer  but  that  there  was  jurisdiction  of  the 
person  of  the  party  affected  by  the  process.  Savacool  vs.  Bough- 
ton,  5  Wendell's  Reports,  170. 

A  contract  made  by  all  the  trustees,  and  signed  by  two,  is  bind 
ing  ;  and  where  a  contract  is  signed  or  a  warrant  issued  by  two 
trustees,  the  presence  of  the  third  will  be  presumed,  until  the  con 
trary  be  shown.  Two  trustees  can  contract  against  the  will  of  the 
third,  if  he  was  duly  notified  of  a  meeting  of  the  trustees,  or  was 
consulted  and  refused  to  act. — McKoy  vs.  Courtree,  9  Wendell, 

17. 

When  a  district  votes  a  tax  to  purchase  a  new  site,  and  build  a 
school-house  thereon,  where  the  consent  of  the  Town  Superintend 
ent  had  not  been  obtained  for  a  change  of  the  site,  [the  district  not 
being  an  altered  one,]  the  trustees  are  liable  in  trespass  for  making 
out  a  tax  list  and  issuing  a  warrant  for  the  collection  of  such  tax  ; 
on  the  ground  that  the  district  had  no  authority  to  vote  such  a  tax. 
Baker  vs.  Freeman,  9  Wendell,  36. 

Trustees  are  not  liable  as  trespassers  for  omitting  to  insert  the 
names  of  all  the  taxable  inhabitants  in  the  tax  list,  where  there  is 
no  evidence  of  bad  faith  on  their  part. — JSaston  vs.  Calendar,  11 
Wendell,  90. 

Subordinate  tribunals  are  not  liable  as  trespassers  for  acts  done 
growing  out  of  an  error  of  judgment. — Ib. 

Trustees  are  liable  in  trespass  for  making  out  their  tax  list  up»- 
on  any  other  basis  than  the  last  assessment  roll  of  the  town,  after  it 
has  been  reviewed  and  finally  settled  by  the  assessors. — Alexander 
vs.  Hoyt,  7  Wend.  89. 

Inhabitants  of  a  district  must  vote  a  precise  and  definite  sum  as 
a  tax  for  building  a  school-house  or  any  other  purpose,  and  trus 
tees  will  not  be  authorized  to  issue  their  warrant  to  levy  a  tax  un 
der  a  general  vote. — Robinson  vs.  Dodge,  18  Johns.  351. 


252 

Trustees  in  office  are  liable  on  the  contracts  of  their  predeces 
sors  for  the  employment  of  teachers,  personally,  because  they  have 
the  means  of  indemnifying  themselves,  and  those  who  made  the 
contract  are  not  liable  after  the  expiration  of  their  term  of  office. — 
Silver  vs.  Gumming,!  Wendell,  181. 

The  court  intimate  a  distinction  between  those  cases  where  the 
trustees  are  not  to  act  unless  money  is  previously  raised,  and  those 
where  itjistobe  collected  subsequent  to  the  performance  of  the  work. 
In  the  first  class  of  cases  they  are  not  to  incur  responsibilities  be 
yond  the  means  in  their  possession ;  they  render  themselves  per 
sonally  responsible,  and  their  successors  are  not  holden.  The  first 
class  of  cases  would  seem  to  include  those  only  which  are  specified 
in  sub.  5  of  §  82,  (No.  103,)  and  those  in  which  blank  books,  maps, 
globes,  black  boards  and  other  school  apparatus  may  be  procured 
by  means  of  a  previous  tax.  In  these  cases  successors  are  suppo 
sed  not  to  to  be  liable,  unless  money  comes  into  their  hands  for  the 
purpose. 

In  all  other  cases,  it  is  supposed  successors  are  liable  on  the  con 
tracts  of  their  predecessors. 

It  is  quite  important  to  trustees  to  know  that  the  decisions  of 
this  department  have  been,  uniformly,  that  their  costs  in  any  suit 
cannot  be  paid  by  a  vote  of  the  district  to  levy  a  tax  for  that  pur 
pose,  as  the  only  purposes  for  which  a  tax  can  be  voted  are  speci 
fied  in  the  statutes,  and  this  is  not  among  them. 

Questions  respecting  the  liability  of  trustees  for  their  joint  acts 
and  for  the  acts  of  each  other  are  frequently  presented.  It  becomes 
proper  to  state  the  grounds  and  limits  of  their  responsibility  in  this 
respect,  that  they  may  be  better  enabled  to  guard  against  its  conse 
quences. 

The  object  being  to  secure  fidelity  to  the  trust  and  to  prevent 
negligence  and  fraud,  the  rules  which  govern  in  the  cases  of  exec 
utors,  guardians  and  other  private  trustees,  must  be  applicable  to 
officers  holding  a  similar  fiduciary  relation  to  the  public,  and  there 
fore  the  principles  which  have  been  settled  in  those  cases  by  the 
courts,  will  be  the  guide  in  determining  the  extent  of  the  liability 
of  the  trustees. 

The  general  rule,  as  laid  down  by  an  eminent  jurist,  (Story  oa 
Equity  Jurisprudence,)  and  sustained  by  the  adjudged  cases,  is, 
that  joint  trustees  are  responsible  only  for  their  own  acts,  and  not 
for  the  acts  of  each  other,  unless  they  have  made  some  agreement 
by  which  they  have  expressly  agreed  to  be  bound  for  each  other  ; 
or  have,  by  their  voluntary  co-operation  or  connivance,  enabled  the 
other  to  accomplish  an  object  in  violation  of  the  trust.  This  rule 
is  exemplified  in  the  following  cases  : 

1.  Where  money  has  been  received  jointly,  all  are  in  general 
liable  for  its  application,  and  a  joint  receipt  is  presumptive  evi 
dence  of  the  fact  that  it  came  to  the  hands  of  all ;  but  either  may 
show  that  his  joining  in  the  receipt  was  formal  or  necessary,  and 
that  the  whole  of  the  money  was  in  fact  received  by  his  compan- 


253 

ions.     And  if  it  was  misapplied  before  there  was  a  reasonable  op 
portunity  to  control  it,  he  would  not  be  responsible. 

2.  When  by  any  positive  act,  direction    or  agreement,,  of  one 
joint  trustee,  the  money   is  paid  over  and  comes  to  the  hands  of 
the  others,   when  it  might  and  should  have  been  otherwise  con 
trolled  or  secured  by  both,  then  each  will  be  chargeable  for  the 
whole. 

There  is  great  difficulty  in  applying  this  rule  to  the  case  of 
trustees  of  common  schools.  The  money  for  distribution  cannot 
be  in  the  hands  of  more  tl^an  one ;  there  are  ordinarily  no  means 
of  insuring  a  control  over  it  by  all,  by  depositing  it  in  a  bank  or 
other  place  of  security,  and  there  is  no  authority  by  which  any 
two  trustees  could  require  the  third  to  give  security  for  its  faithful 
disbursement.  One  has  as  much  right  to  its  custody  as  another. 
The  simple  fact,  therefore,  that  public  money  has  been  received  by 
one  arid  misapplied,  cannot  in  itself  render  the  others  liable.  It 
would  seem  therefore,  that  there  should  he  some  act  of  omission 
or  commission  on  the  part  of  the  others  to  render  them  liable  for 
the  misconduct  of  their  associate ;  and  here  the  following  rule 
seems  better  adapted  to  the  case : 

3.  If  one  trustee  wrongfully  suffer  the  other  to  detain  the  trust 
money  a  long  time  in  his  own  hands  without  security,  or  should 
lend  it  to  him  on  his  simple  note,  or  should  join   with  the  other  in 
lending  it  on  sufficient  security,  in  all  such  cases  he  would  be  held 
liable  for  any  loss.     Of  course,  a  trustee  who   has  connived  at  or 
been  privy  to  an  embezzlement  of  the  trust  money  would  be  liable. 
And  if  it  be  mutually  agreed  between  them  that  one  shall  have 
the  exclusive  management  of  one  part  of  the  trust  property,  and 
the  other  of  another  part,  both  would  be  liable  for  the  acts  of  each. 

Considering  the  equal  rights  and  powers  of  each  trustee,  that 
the  law  has  made  no  provision  for  requiring  security  from  them, 
and  the  gross  injustice  of  making  an  officer  responsible  for  the 
misconduct  of  an  associate  over  whom  he  has  no  control,  they 
ought  not  to  be  held  liable  for  each  other's  acts  unless  there  be 
some  evidence  of  participation  or  connivance,  like  those  specified 
in  the  third  class  of  cases  above  mentioned. 

By  section  108,  of  title  4,  chap.  8,  part  3,  Rev.  Stat.,  p.  476, 
vol.  2,  1st  edition,  [§  112,  p.  390,  2d  edition,  vol.  2,]  it  is  provided 
that  in  suits  against  trustees  of  school  districts,  and  other  officers, 
"  the  debt,  damages  or  costs  recovered  against  them,  shall  be  col 
lected  in  the  same  manner  as  against  individuals ;  and  the  amount 
so  collected  shall  be  allowed  to  them  in  their  official  accounts." 
It  is  presumed  that  this  provision  does  not  relate  to  actions  for 
personal  delinquences,  but  to  those  only  which  arise  out  of  an  offi 
cial  duty.  As  the  recoveries  are  to  be  "allowed  them  in  their 
accounts,"  it  is  implied  that  they  may  retain  the  amount  of  monies 
in  their  hands,  and  set  off  the  sums  recovered.  But  this  cannot 
apply  to  the  public  school  moneys,  as  those  moneys  are  appropri 
ated  by  law  to  specific  purposes,  and  cannot  be  diverted  to  any 
other. 


254 

By  §  146,  of  the  act  of  1847,  (No.  169,)  it  is  provided  that  "in 
any  suit  which  shall  hereafter  be  commenced  against  Town  Super 
intendents  of  common  schools,  or  officers  of  school  districts,  for 
any  act  performed  by  virtue  of,  or  under  color  of,  their  offices,  or 
for  any  refusal  or  omission  to  perform  any  duty  enjoined  by  law, 
and  which  might  have  been  the  subject  of  an  appeal  to  the  Super 
intendent,  no  costs  shall  be  allowed  to  the  plaintiff  in  cases  where 
the  court  shall  certify  that  it  appeared  on  the  trial  of  the  cause 
that  the  defendants  acted  in  good  faith.  But  this  provision  shall 
not  extend  to  suits  for  penalties,  nor  to  suits  or  proceedings  to 
enforce  the  decisions  of  the  Superintendent." 

By  §  1,  of  chap.  172,  laws  of  1847,  as  amended  by  chap.  388, 
laws  of  1849,  it  is  provided  that  "  whenever  a  suit  shall  have  been 
commenced,  or  shall  hereafter  be  commenced  against  the  trustees 
of  a  school  district,  in  consequence  of  acts  by  them  performed  in 
pursuance  of  and  by  the  direction  of  such  district,  for  any  act 
performed  by  virtue  of,  or  under  color  of  their  office,  and  such  suit 
shall  have  been  finally  determined,  or  whenever  after  the  final 
determination  of  any  suit  commenced  by  or  against  any  trustees 
or  other  officers  of  a  school  district,  a  majority  of  the  taxable 
inhabitants  of  any  school  district  shall  so  determine,  it  shall  be  the 
duty  of  the  trustees  to  ascertain  in  the  manner  hereinafter  described, 
the  actual  amount  of  all  costs,  charges  and  expenses  paid  by  such 
officer,  and  to  cause  the  same  to  be  assessed  upon  and  collected  of 
the  taxable  inhabitants  of  said  district,  in  the  same  manner  as 
other  taxes  of  said  district  are  by  law  assessed  and  collected,  and 
when  so  collected  to  pay  the  same  over  to  the  officer,  by  virtue  of 
this  act,  entitled  to  receive  the  same ;  but  this  provision  shall  not 
extend  to  suits  for  penalties,  nor  suits  or  proceedings  to  enforce  the 
decision  of  the  superintendent. 

By  §  2.  "  Whenever  any  person  mentioned  in  the  first  section 
of  this  act  shall  have  paid  any  costs,  charges  or  expenses  as  men 
tioned  in  said  first  section,  he  shall  make  out  an  account  of  such 
charges,  costs  and  expenses  so  paid  by  him,  giving  the  items  there 
of,  and  verify  the  same  by  his  oath  or  affirmation ;  he  shall  serve 
a  copy  of  said  account  so  sworn  to,  upon  the  trustees  of  the  district 
against  which  such  claim  shall  be  made,  together  with  a  notice  in 
writing  that  on  a  certain  day  therein  specified,  he  will  present  such 
account  to  the  board  of  supervisors  of  the  county  in  which  such 
school  district  shall  be  situated,  for  settlement  at  some  legal  meet 
ing  of  such  board ;  and  it  shall  be  the  duty  of  the  officer  upon 
whom  such  copy,  account  and  notice  shall  be  served,  to  attend  at 
the  time  and  place  in  such  notice  specified,  to  protect  the  rights 
and  interests  of  such  district  upon  such  settlement. 

§  3.  "  Upon  the  appearance  of  the  parties,  or  upon  due  proof 
of  service  of  the  notice  and  copy  of  account  mentioned  in  the  second 
section  of  this  act,  if  the  said  board  shall  be  of  opinion  that  such 
account  or  any  portion  thereof  ought  justly  to  be  paid  to  the  claim 
ant,  such  board  may  by  an  order  to  be  made  by  a  majority  of  all 


255 

the  members  elected  to  the  same,  and  to  be  entered  in  its  minutes, 
require  such  account  or  such  part  thereof  as  such  board  shall  be  of 
opinion  ought  justly  to  be  paid  to  the  claimant,  by  such  district  to 
be  so  paid  ;  but  no  portion  of  such  account  shall  be  so  ordered  to 
be  paid  which  shall  appear  to  the  said  board  to  have  arisen  from 
the  wilful  neglect  or  misconduct  of  the  claimant.  The  account, 
with  the  oath  of  the  party  claiming  the  same,  shall  be  prima  facie 
evidence  of  the  correctness  thereof.  The  board  may  adjourn  the 
hearing  from  time  to  time  as  justice  shall  seem  to  require. 

§  4.  "  It  shall  be  the  duty  of  the  trustees  of  any  school  district, 
within  thirty  days  after  service  of  a  copy  of  such  order  upon  them 
to  cause  the  same  to  be  entered  at  length  in  the  book  of  records 
of  said  district,  and  to  issue  to  the  collector  of  said  district  a  war 
rant  for  the  collection  of  the  amount  so  directed  to  be  paid,  in  the 
same  manner  and  with  the  like  force  and  effect  as  upon  a  tax  voted 
by  said  district." 

"  It  will  be  perceived  that  two  classes  of  cases  are  here  alluded 
to.  1st.  Where  suits  have  been  brought  against  trustees,  in  con 
sequence  of  the  performance  of  any  official  act  by  them,  and  such 
suits  shall  have  been  finally  determined  ;  in  which  case,  the  trustees 
may  at  once  make  out  their  account  of  costs,  charges  and  expenses, 
verify  the  same,  and  present  it  to  the  Board  of  Supervisors,  with 
out  any  action  on  the  part  of  the  district ;  or  they  may,  in  their 
discretion,  procure  a  vote  of  the  district  to  that  effect :  and  2d, 
When  suits  have  been  brought  by  or  against  any  trustees,  or  other 
officers  of  a  school  district,  and  such  suits  shall  have  been  finally 
determined ;  in  which  case,  (with  the  exception  of  suits  brought 
against  trustees,  as  above  referred  to,)  a  vote  of  the  district  is 
necessary  to  authorize  an  account  of  the  costs,  charges  and  expen 
ses,  to  be  made  out,  as  provided  by  the  second  section,  and  laid 
before  the  Board  of  Supervisors.  In  both  cases,  no  tax  can  be 
levied  on  the  district  for  the  amount  of  such  costs,  charges  and 
expenses,  except  on  the  order  of  the  Board  of  Supervisors,  as 
specified  in  the  third  section. 

IX.  MISCELLANEOUS  PROVISIONS  APPLICABLE  TO  TRUSTEES. 
1.    SCHOOLS    FOR    COLORED    CHILDREN. 

By  §147,  of  the  act  of  1847,  (No.  179,)  a  school  for  colored 
children  may  be  established  in  any  district,  with  the  approbation  of 
the  Town  Superintendent,  which  is  to  be  under  the  charge  of  the 
trustees  of  the  district  in  which  such  school  is  established.  Trust 
ees,  in  their  annual  reports,  are  also  required  particularly  to  spe 
cify  the  number  of  such  children  over  four  and  under  twenty-one 
years  of  age  attending  such  school  from  different  districts,  naming 
such  districts  respectively,  and  the  number  from  each  attending 
for  six  months,  and  instructed  by  a  duly  qualified  teacher,  which 
report  is  to  form  the  basis  of  an  apportionment  to  such  school,  by 
the  Town  Superintendent,  of  a  share  of  the  public  money.  Full 
and  explicit  instructions  to  Town  Superintendents  and  trustees, 


256 

and  the  necessary  forms  for  reports  in  relation  to  these  schools,  will 
be  found  under  the  appropriate  heads. 

The  provisions  contained  in  this  section  are  more  particularly 
applicable  to  those  cities  and  large  villages  where  no  special  legal 
provisions  have  been  made  for  the  instruction  of  colored  children. 
The  means  provided,  are,  it  is  true,  altogether  insufficient  to  meet 
the  expense  which  must  necessarily  be  incurred  in  the  organization 
of  these  schools ;  and  inasmuch  as  the  class  of  community  for 
whose  special  benefit  they  are  intended  is  generally  unable  to  con 
tribute  to  such  expense  in  any  considerable  degree,  the  object  in 
view  can  seldom  be  fully  attained,  but  through  the  efforts  of  chari 
table  and  benevolent  individuals  in  the  several  districts  from  which 
the  colored  schools  are  composed.  These  efforts  have  hitherto 
been  paralyzed  by  the  absence  of  any  legal  power  to  effect  the  ne 
cessary  organization  ;  and  the  provision  now  made,  was  doubtless 
intended  to  supply  that  defect,  and  to  furnish  a  nucleus  around 
which  the  benevolent  exertions  of  the  friends  of  education  and 
humanity  might  be  concentrated.  If,  however,  in  any  of  the 
country  districts,  a  colored  school  can  be  organized  and  efficiently 
kept  up  for  the  requisite  length  of  time,  it  is  hoped  no  efforts  will 
be  spared  to  carry  into  effect  the  provisions  of  the  section.  Colored 
children  are  entitled  equally  with  all  others,  to  the  privileges  and 
advantages  of  the  district  school :  and  wherever  they  can  be 
grouped  together  in  a  separate  school,  under  the  charge  of  a  com 
petent  teacher,  they  will  be  far  more  likely  to  derive  the  full  be 
nefits  of  such  instruction  as  may  be  best  adapted  to  their  circum 
stances  and  condition,  while  at  the  same  time,  the  disadvantages 
inseparable  from  their  attendance  at  the  district  school,  will  be 
avoided. 

By  Chap.  228  of  the  laws  of  1845,  (Nos.  174-178,)  it  is  pro 
vided  that  no  person  shall  wilfully  disturb,  interrupt  or  disquiet  any 
assemblage  of  persons  met  at  any  school  district,  with  the  assent 
of  the  trustees  of  the  school  district,  for  the  purpose  of  receiving 
instruction  in  any  of  the  branches  of  education  usually  taught  in 
the  common  schools  of  this  state,  or  in  the  science  of  music.  Who 
ever  shall  violate  the  provisions  of  the  foregoing  section,  may  be 
tried  before  any  justice  of  the  peace  of  the  county,  or  any  mayor, 
alderman,  recorder,  or  other  magistrate  of  any  city  where  the 
offence  shall  be  committed  ;  and  upon  conviction,  shall  forfeit  a 
sum  not  exceeding  twenty-five  dollars,  for  the  use  and  benefit  of 
the  school  district  in  which  such  offence  shall  be  committed.  It 
shall  be  the  duty  of  the  trustees  of  any  school  district  in  which  any 
such  offence  shall  be  committed,  to  prosecute  such  offender  before 
any  officer  having  cognizance  of  such  offence.  If  any  person  con 
victed  of  the  offence  herein  prohibited,  shall  not  immediately  pay 
the  penalty  incurred,  with  the  costs  of  conviction,  or  give  security, 
to  the  satisfaction  of  the  officer  before  whom  such  conviction  shall 
be  had,  for  the  payment  of  the  said  penalty  and  costs  within  twenty 
days  thereafter,  he  shall  be  committed  by  warrant  to  the  common 


257 

jail  of  the  county,  until  the  same  be  paid,  or  for  such  term,  not  ex 
ceeding  thirty  days,  as  shall  be  specified  in  such  warrant.  It  shall 
and  may  be  lawful  for  any  person  who  may  be  complained  of  for 
a  violation  of  the  provisions  of  this  act,  to  demand  of  such  magis 
trate  that  he  may  be  tried  by  a  jury.  Upon  such  demand,  it  shall 
be  the  duty  of  such  officer  to  issue  a  venire  to  the  proper  officer, 
•ommanding  him  to  summon  the  same  number  of  jurors,  and  in  the 
same  manner,  and  the  said  court  shall  proceed  to  empannel  a  jury 
for  the  trial  of  said  cause,  in  the  same  manner  and  subject  to  all 
the  rules  and  regulations  prescribed  in  the  act  providing  for  th« 
trials  by  jury  in  courts  of  special  sessions." 

2.  BOND  TO  BE  REQUIRED  OF  THE  COLLECTOR. 

Trustees  are  authorized  by  §  103,  (No.  126,)  to  require  of  the 
collector  of  their  district,  before  delivering  to  him  any  warrant  for 
the  collection  of  moneys,  a  bond  with  one  or  more  sureties  condi 
tioned  for  the  faithful  performance  of  the  duties  devolved  upon 
fcim  as  such  collector. 

It  is  strongly  recommended  to  trustees  to  exact  of  the  collec 
tor,  the  bond  authorized  under  this  section  of  the  school  law, 
before  any  warrant  is  placed  in  his  hands.  This  practice  will 
be  attended  with  very  little  trouble,  and  will  secure  the  district 
from  all  loss,  and  the  trustees  themselves  from  personal  liability, 
in  many  instances.  It  will  also  secure  the  prompt  collection  of 
taxes  and  promote  system  and  regularity  in  the  financial  affairs  of 
the  district. 

Form  of  a  Band  to  be  giverityy  a  District  Collector. 

Know  all  men  by  these  presents,  that  we,  A.  B.  and  C.  D.,  (the 
tollector-and  his  surety,)  are  held  and  firmly  bound  to  E.  F.  and  G. 
H.  &c.,  trustees  of  school  district  number  in  the  town  of 
in  the  sum  of  (here  insert  a  sum  double  the  amount  to  be  collected,) 
to  be  paid  to  the  said  E.  F.,  G.  H.,  &c.,  trustees  as  aforesaid,  or  to 
the  survivor  or  survivors  of  them,  or  their  successors  ;  to  the  which 
payment,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs, 
executors  and  administrators,  firmly  by  these  presents.  Sealed 
with  our  seals,  and  dated  this  day  of  18  &c. 

Whereas  the  above  bounden  A.  B.  has  been  chosen  (or  appoint 
ed,  as  the  case  may  be,)  collector  of  the  above  mentioned  school 
district  number  in  the  town  of  in  conformity  to  the 

statutes  relating  to  common  schools  ;  now,  therefore,  the  condition 
of  this  obligation  is  such  that  if  he  the  said  A.  B.  shall  well  and 
truly  collect  and  pay  over  all  moneys  received  by  him  as  such  col 
lector  and  shall  in  all  respects  duly  and  faithfully  execute  all  the 
duties  of  his  office  as  collector  of  such  district,  then  this  obligation 
•hall  be  void,  otherwise  to  be  in  full  force  and  virtue. 

Signed,  sealed  and  delivered,  in  the  presence  of 

A.  B.  [L.  s.l 

SP&tei 


258 
CHAPTER   V. 

DISTRICT  CLERK. 

THE  general  duties  of  this  officer  are  particularly  specified  ia 
§  74  of  the  school  act,  (No.  102.)  He  is  to  keep,  in  a  book  to  be 
provided  by  the  district,  a  record  of  the  proceedings  of  each  an 
nual  and  special  meeting  held  in  his  district :  to  give  notice  of  the 
time,  place  and  object  of  such  meetings  in  the  manner  prescribed 
by  law,  and  to  preserve  all  records,  books  and  papers  relating  to 
the  district,  and  deliver  the  same,  on  the  expiration  of  his  official 
term,  to  his  successor. 

By  §  66  of  the  Laws  of  1847,  (No.  88,)  he  is  to  notify  a  spe 
cial  meeting  for  the  election  of  officers,  whenever  the  time  for  hold 
ing  the  annual  meeting  has  passed  without  such  election  being 
held  ;  and  generally  it  his  duty  to  give  the  necessary  legal  notices 
of  a  district  meeting,  whenever  required  to  do  so  by  a  majority  of 
the  trustees.  The  purpose  and  object  of  such  meetings  should  it 
all  cases  be  set  forth  in  general  terms ;  and  this  is  specially  requi 
red  by  law,  when  a  meeting  is  called  for  the  purpose  of  changing 
the  site  and  removing  the  school-house  in  an  unaltered  district. 
[See  No.  95.]  And  also  when  a  tax  is  to  be  levied  for  the  pur 
chase  of  books  for  a  district  library. 

By  §  69,  (No.  91,)  it  is  declared  that  -'the  proceedings  of  no 
district  meeting,  annual  or  special,  shall  be  held  illegal  for  want  of 
a  due  notice  to  all  the  persons  qualified  to  vote  thereat,  unless  it 
shall  appear  that  the  omission  to  give  such  notice  was  wilful  and 
fraudulent."  But  this  provision  will  not  exonerate  a  clerk  from  li 
ability  for  gross  neglect ;  nor  will  it  sanction  an  intentional  omis 
sion  to  give  notice. 

Notices  of  annual  and  special  meetings  must  be  given  at  least 
five  days  before  the  day  on  which  such  meetings  are  directed  to 
be  held ;  that  is,  the  notices  for  a  meeting  to  be  held  on  Saturday 
for  instance,  must  be  given  on  or  before  the  preceding  Monday. 

In  the  case  of  annual  meetings,  or  special  meetings  which  have 
been  adjourned  for  a  longer  time  than  one  month,  a  notice  in  wri 
ting,  affixed  in  at  least  four  public  places  in  the  district,  is  sufficient, 
but  notices  of  special  meetings  must  be  personally  served  on  each 
inhabitant  of  the  district  liable  to  pay  taxes,  (which  includes,  of 
course,  every  legal  voter  in  the  district,)  "  by  reading  the  notice  ia 
the  hearing  of  such  inhabitant,  or  in  case  of  his  absence  from  home, 
by  leaving  a  copy  thereof,  or  so  much  thereof  as  relates  to  the 
time  and  place  of  such  meeting,  at  the  place  of  his  abode.  (§  55, 
No.  77.) 

Form  of  Notice  for  Annual  Meeting. 

Notice  is  hereby  given,  that  the  annual  meeting  for  the  electioa 
of  officers  in  District  No.  in  the  town  of  ^ 


259 

'if'--1'       >     HT      V  !~a>  -f*    t.  S.  '      J 

and  for  the  transaction  of  such  other  business  as  the  meeting  may 
deem  necessary,  will  be  held  at  the  school-house  in  said  district  on 
Monday,  the  day  of  at  six  o'clock,  P.  M. 

Dated  this  day  of 

A.  B.,  District  Clerk. 

Form  of  a  Notice  for  an  adjourned  District  Meeting,  to  be  posted 
up  in  four  public  places  in  the  District. 

SCHOOL  DISTRICT  NOTICE. 

Notice  is  hereby  given,  that  a  meeting  of  the  freeholders  and  in 
habitants  of  school  district  No.  in  the  town  of 
authorized  by  law  to  vote  therein,  will  be  held  at  on  the 
day  of                 next,  [or  instant,  as  the   case  may  be,] 
at             o'clock  in  the                 noon,  pursuant  to  adjournment. 
Dated  this                 day  of                     A.  D.  18     . 

A.  B.  District  Clerk. 

Form  of  a  Notice  for  a  Special  District  Meeting. 

To  the  clerk  of  district  number 

The  trustees  of  district  number  at  a  meeting   held  for 

the  purpose,  have  resolved  that  a  special  meeting  be  called  at  the 
school-house,  on  the  day  of  18  at  o'clock 

in  the  noon  of  that  day,  for  the  purpose  of  (choosing  a  col 

lector  in  the  place  of  A.  B.,  removed,  or  whatever  the  object  of  the 
meeting  may  be,)  and  for  the  transaction  of  such  other  business  as 
the  meeting  may  deem  necessary. 

You  will  therefore  notify  each  inhabitant  of  the  district  entitled 
to  vote  therein,  by  reading  this  notice  in  his  hearing,  or  if  he  is  ab 
sent  from  home,  by  leaving  a  copy  of  it,  or  so  much  as  relates  to  the 
time  and  place  of  meeting,  at  the  place  of  his  abode,  at  least  five 
days  before  such  meeting. 

Dated  at  this  day  of  18  '-w, 

A.  B.) 

C.  D.  Y    Trustees. 
E.  F.) 

The  district  clerk  of  each  school  district  in  this  state,  is,  by  a 
regulation  of  the  department,  required  within  ten  days  after  each 
annual  or  special  meeting  for  the  election  of  officers  in  his  district, 
to  forward  to  the  town  clerk,  the  names  of  the  several  officers 
elected  at  such  meeting,  and  the  offices  to  which  they  were  respec 
tively  elected.  The  omission  to  do  so,  however  in  no  respect  in 
validates  the  election  or  proceedings  of  the  officers  so  chosen. 

In  pursuance  of  §  32,  of  the  act  of  1841,  the  District  School 
Journal  is  forwarded  by  mail,  to  the  clerk  of  each  district,  whose 
duty  it  is,  by  that  section,  to  cause  each  volume  to  be  bound  at  the 
expense  of  the  district,  and  to  deposit  the  same  in  the  district  li 
brary.  He  or  one  of  the  trustees  is  therefore  bound  to  take  the 
paper  from  the  post-office,  punctually,  paying  the  postage,  quar. 


260 

terly  in  advance :  and  the  amount  so  paid,  being  an  expenditure 
authorized  by  law,  may  be  added  by  the  trustees  to  any  tax  list 
thereafter  made  out  for  district  purposes,  and  refunded  to  the  clerk, 
or  trustee  paying  it.  Great  care  should  be  taken  to  secure  the 
regular  receipt  and  careful  preservation  of  the  numbers,  which  will 
be  sent  on  the  first  of  each  month  ;  and  with  this  view,  the  clerk 
should  stitch  them  together  in  covers,  as  soon  as  they  arrive  ;  and 
in  no  case  permit  them  to  be  taken  out  of  his  custody,  although 
any  inhabitant  of  the  district  should  be  allowed  free  access  to  them, 
for  the  purpose  of  perusal,  at  all  proper  hours.  The  same  precau 
tions  should  be  observed,  and  the  same  freedom  of  access  and  per 
usal  allowed,  in  respect  to  the  volume  of  Laws  and  Instructions, 
the  volume  of  Common  School  Decisions  and  Laws  heretofore  pub 
lished,  and  all  other  books,  papers  and  documents  belonging  to  the 
district,  and  placed  under  his  official  control. 

They  will  observe  that  heavy  penalties  and  forfeitures  are  incur 
red  by  them,  under  §  145  of  the  act  of  1847,  (No.  168,)  for  neglect 
of  any  duty  devolved  upon  them  by  law;  and  that  they  are  made 
individually  responsible  for  any  loss  that  may  accrue  to  their  dis 
trict,  in  consequence  of  such  neglect,  or  omission. 


CHAPTER   VL 

COLLECTORS  OF  SCHOOL  DISTRICTS. 

IT  is  the  duty  of  the  collector  of  each  district  to  collect  and  pay 
over  to  the  trustees  of  his  district,  some  or  one  of  them,  all  moneys 
which  he  shall  be  required  by  warrant  to  collect,  within  the  time 
limited  by  such  warrant  for  its  return,  and  to  take  the  receipt  of 
Buch  trustee  or  trustees,  for  such  payment. 

When  required  by  the  trustees,  such  collector  is  to  execute  a 
bond  with  one  or  more  sureties,  for  the  due  and  faithful  perform 
ance  of  his  duty. 

1.    JURISDICTION    OP    THE    COLLECTOR. 

By  §  103,  of  the  act  of  1847,  (No.  126,)  the  jurisdiction  of  the 
eollector  in  the  execution  of  his  warrant,  extends  to  any  other  dis 
trict  or  town  in  the  same  county,  or  in  any  other  county  in  the 
case  of  a  joint  district  composed  of  parts  of  two  or  more  counties, 
"in  the  same  manner,  and  with  the  Hke  authority,  as  in  the  dis 
trict  for  which  he  was  chosen  or  appointed." 

2.    MODE    OF   PROCEEDING  IN    THE  COLLECTION    OF   TAXES. 

By  various  provisions  of  the  school  act  collectors  are  authorized 
and  required,  in  the  execution  of  warrants,  delivered  to  them  for 
the  collection  of  tax  lists  to  collect  the  amount  due  from  the  re 
spective  persona  named  in  such  warrants,  in  the  same  manner  that 


261 

collectors  of  towns  are  authorized  to  collect  town  and  county  tare*. 
This  is  specifically  pointed  out  by  the  following  extracts  from  the 
13th  chapter  of  the  first  volume  of  the  Revised  Statutes,  (page* 
397,  398.) 

"  §  1 .  Every  collector,  upon  receiving  the  tax  list  and  warrant, 
shall  proceed  to  collect  the  taxes  therein  mentioned,  and  for  that 
purpose  shall  call  at  least  once  on  the  person  taxed,  or  at  the 
place  of  his  usual  residence,  if  in  the  town  or  ward  for  which  such 
collector  has  been  chosen,  and  shall  demand  payment  of  the  taxes 
charged  to  him  on  his  property. 

"  §  2.  In  case  any  person  shall  refuse  or  neglect  to  pay  the  tax 
imposed  on  him,  the  collector  shall  levy  the  same  by  distress  and 
sale  of  the  goods  and  chattels  of  the  person  who  ought  to  pay  the 
same,  or  of  any  goods  and  chattels  in  his  possession,  wheresoever 
the  same  may  be  found  within  the  district  of  the  collector  ;  and  no 
claim  of  property  to  be  made  thereto  by  any  other  person  shall  be 
available  to  prevent  a  sale. 

"  §  3.  The  collector  shall  give  public  notice  of  the  time  and  place 
of  sale,  and  of  *he  property  to  be  sold,  at  least  six  days  previous  to 
the  sale,  by  advertisements  to  be  posted  up  in  at  least  three  public 
places  in  the  town  where  such  sale  shall  be  made.  The  sale  shall 
be  by  public  auction. 

"  §  i.  If  the  property  distrained  shall  be  sold  for  more  than  the 
amount  of  the  tax,  the  surplus  shall  be  returned  to  the  person  in 
whose  possession  such  property  was  when  the  distress  was  made, 
if  no  claim  be  made  to  such  surplus  by  any  other  person.  If  anj 
other  person  shall  claim  such  surplus  on  the  ground  that  the  prop 
erty  sold  belonged  to  him,  and  such  claim  be  admitted  by  the  per 
son  for  whose  tax  the  same  was  distrained,  the  surplus  shall  be 
paid  to  such  owner  ;  but  if  such  claim  be  contested  by  the  persoa 
for  whose  tax  the  property  was  distrained,  the  surplus  moneys  shall 
be  paid  over  by  the  collector  to  the  supervisor  of  the  town,  who 
shall  retain  the  same  until  the  rights  of  the  parties  shall  be  deter 
mined  by  due  course  of  law." 

"  No  replevin  shall  lie  for  any  property,  taken  by  virtue  of  any 
warrant  for  the  collection  of  any  tax,  assessment  or  fine,  in  pursu 
ance  of  any  statute  of  this  state." — 2d  R.  S.  page  522,  sec.  4. 

These  provisions  must,  however,  be  subject  to  the  action  of  con 
gress,  on  a  subject  which  by  the  Constitution  is  within  its  jurisdic 
tion.  The  constitution  in  express  terms  gives  to  congress  the 
power  "  to  provide  for  organizing,  arming  and  disciplining  the 
militia." 

By  the  act  of  congress  of  May  8,  1792,  vol.  2,  Laws  of  the  U. 
S.  298,)  every  citizen  enrolled  in  the  militia  is  required  to  provide 
himself  with  the  following  accoutrements,  viz  :  "  a  good  musket  or 
firelock,  a  sufficient  bayonet  and  belt,  two  spare  flints  and  a  knap 
sack,  a  pouch  with  a  box  therein,  to  contain  not  less  than  twenty- 
four  cartridges  suited  to  the  bore  of  his  musket  or  firelock,  eack 
cartridge  to  contain  a  proper  quantity  of  powder  and  ball ;  or  with 


262 

a  good  rifle,  knapsack,  shot  pouch  and  powder  horn,  twenty  balk 
suited  to  the  bore  of  his  rifle,  and  a  quarter  of  a  pound  of  powder  :" 
a«d  the  commissioned  officers  are  required  to  be  armed  with  a 
sword  or  hanger,  or  esp«ntoon ;  and  it  is  declared  that  *'  every 
aitizen  so  enrolled  and  providing  himself  with  the  arms,  ammuni 
tion  and  accoutrements  required  as  aforesaid,  shall  hold  the  same 
txempted  from  all  suits,  distresses,  executions  or  sales  for  debt  or 
for  the  payment  of  taxes" 

By  the  laws  of  this  state  (chap.  6,  part  3,  title  5,  §  22,  vol.  2, 
R.  S.)  the  "  arms  and  accoutrements  required  by  law  to  be  kept 
by  any  person,"  as  well  as  a  variety  of  other  articles  therein  spe 
cified,  are  exempt  from  execution  but  not  from  distress  from  taxes. 
The  only  exemption,  therefore,  from  the  operation  of  a  collector's 
warrant  on  a  tax  list,  arises  under  the  act  of  Congress  be 
fore  quoted ;  and  this  can  only  be  extended  to  the  arms,  ammu 
nition  and  accoutrements  therein  specified. 

In  the  collection  of  warrants  on  rate-bills,  all  property  exempted 
by  section  22  of  article  two,  title  five,  chapter  six  of  part  three  of 
the  Revised  Statutes,  is  exempt  from  levy  and  sale  on  such  war 
rants.  For  the  extent  of  such  exemption  see  ante  pages  215,  216. 

The  collector  or  other  officer  who  executes  process,  has  peculiar 
protection.  He  is  protected,  although  the  court  or  officer  issuing 
such  process,  have  not,  in  fact,  jurisdiction  of  the  case  ;  if  on  the 
face  of  the  process  it  appears  that  such  court  or  officer  had  juris 
diction  of  the  subject  matter,  and  nothing  appears  in  such  process 
to  apprise  the  officer  but  that  there  was  jurisdiction  of  the  person 
of  the  party  affected  by  the  process.  Savacool  vs.  Boughton,  5 
Wendell's  Reports,  170. 

By  §  100,  (No.  123,)  of  the  school  act,  it  is  the  duty  of  the 
tollector,  upon  receiving  his  warrant,  for  two  successive  weeks  to 
receive  such  taxes  as  may  be  voluntarily  paid  to  him  ;  and  in  case 
the  whole  amount  shall  not  be  so  paid  in,  the  collector  shall  forth 
with  proceed  to  collect  the  same.  He  shall  receive  for  his  services, 
en  all  sums  paid  as  aforesaid,  one  per  cent,  and  upon  all  sums  col 
lected  by  him  after  the  expiration  of  the  time  mentioned,  five  per 
cent ;  and  in  case  a  levy  and  sale  shall  be  necessarily  made  by 
such  collector,  he  shall  be  entitled  to  travelling  fees,  at  the  rate  of 
six  cents  per  mile,  to  be  computed  from  the  school  house  in  such 
district. 

Where  trustees  receive  payments  on  tax  lists  or  rate-bills,  they 
are  regarded  as  receiving  the  same  as  the  agents  of  the  collector  ; 
and  the  latter  is  entitled  to  his  percentage  on  the  amount  so  re 
ceived,  and  may  legally  collect  it  by  virtue  of  his  warrant.  The 
collector  is  also  entitled  to  his  percentage  on  the  amount  paid  by 
the  trustees,  notwithstanding  no  actual  exchange  of  funds  is  made 
between  the  latter  and  the  former. — Per  YOUNG,  Superintendent 
1843. 

A  teacher,  if  otherwise  eligible,  may  be  collector  ;  but  he  cannot 
tharge  a  percentage  on  voluntary  payments  of  his  own  wages. — 
Id. 


263 

Where  a  collector  levies  upon  and  sells  property  for  the  payment 
©f  a  tax  list  and  the  owner  of  the  property  refuses  to  receive  the 
excess  beyond  an  amount  sufficient  to  satisfy  the  warrant,  the  col 
lector  must  retain  the  amount  in  his  own  hands,  and  rely  upon  his 
plea  of  tender. —  Com.  Sch.  Dec.,  217. 

In  the  execution  of  his  warrant,  the  collector  should  aim  to  take 
property  amply  sufficient  to  satisfy  the  amount  he  is  required  to 
eollect,  and  no  more.  He  is  not  bound  to  take  any  particular  ar 
ticle  of  property  which  may  be  offered :  but  if  at  the  request  of  the 
owner,  he  were  to  take  and  sell  property  worth  ten  times  the 
amount  required  to  be  raised,  such  request  would  constitute  a  valid 
answer  to  the  charge  of  making  an  excessive  distress. — Id.  219. 

Where,  by  the  neglect  of  a  collector,  moneys  which  might  have 
been  collected  by  him  within  the  time  limited,  are  lost  to  the  dis 
trict,  he  is  liable  for  the  amount,  whether  he  has  given  a  bond  to 
the  trustees  or  not.  The  bond  is  an  additional  security  ;  but  if  it  is 
act  required  of  him,  he  is  not  released  from  any  obligation  which 
the  law  imposes  on  him. — Id.  308. 

So,  where  a  warrant  runs  out  in  his  hands,  he  is  answerable  for 
any  loss  arising  from  his  neglect,  notwithstanding  such  warrant 
may  have  been  afterwards  renewed  and  delivered  to  his  successor. 
— Id. 

A  trustee  of  a  school  district  cannot  hold  the  office  of  collector. 
The  same  objection  is  not  applicable  to  the  district  clerk ;  although, 
as  the  law  has  created  separate  offices,  it  is  better  to  carry  out  its 
intention  strictly,  by  conferring  them  on  different  individuals. — Id. 
142. 

If  the  warrant  annexed  to  a  rate-bill,  or  tax  list,  is  signed  by  a 
majority  of  the  trustees,  it  is  sufficient  for  the  protection  of  the  col 
lector,  although  the  third  trustee  was  not,in  fact,  present,  or  consul 
ted.— Id.  328. 

Where  a  warrant  is  renewed  by  the  trustees,  the  collector  in 
•ffice  at  the  time  of  such  renewal,  must  execute  it. — Id.  47. 

Where  a  warrant  is  issued  for  the  collection  of  a  tax  which  has 
not  been  legally  assessed,  according  to  the  last  assessment  roll  of 
the  town,  or  otherwise,  or  where  the  trustees  have  included  in  the 
tax  list  persons  not  liable  to  be  so  included,  such  warrant  is  a  pro 
tection  to  the  collector,  notwithstanding  the  trustees  might  be  an 
swerable  in  trespass. — Id.  282. 

A  collector  cannot  legally  sell  property  after  the  expiration  of 
kis  warrant,  unless  such  warrant  is  renewed,  notwithstanding  a 
previous  levy. — Id.  286. 

Where  the  collector,  in  the  execution  of  a  warrant,  receives 
money  current  at  the  time  of  its  receipt,  but  which  subsequently 
becomes  depreciated  or  valueless,  before  payment  to  the  trustees, 
the  district,  and  not  the  collector,  must  lose  the  amount. — Per 
SPENCER,  Sup't,  1841. 

The  collector  can  pay  over  money  collected  by  him  only  to  the 
trustees,  or  on  their  order. — Per  Dix?  Sup't,  1838. 


264 

Trustees  have  no  power  to  indemnify  a  collector  for  improperly 
selling  property  under  their  warrant. — Id. 

The  representatives  of  a  deceased  person  are  not  entitled  to  anjf 
delay  in  the  payment  of  a  rate-bill,  or  tax  list,  but  are  bound  to 
pay  on  demand  :  and  on  refusal  or  neglect,  the  collector  may  pro 
ceed  to  sell  any  property  found  on  the  premises.  By  §  27,  sub.  2, 
2  R.  S.  28,  taxes  of  all  kinds  have  preference  to  any  other  demand. 
— Per  SPENCER,  Sup't,  1840. 

Where  a  collector  levies  upon  property  out  of  his  district,  h« 
should  put  up  notices  of  the  sale  of  such  property,  as  well  in  tke 
district  where  the  sale  is  to  take  place  as  in  that  of  his  resident. 
—Per  YOUNG,  Sup't,  1842. 


CHAPTER   VII. 


LIBRARIAN. 

This  officer  is  to  be  chosen  at  the  annual  meeting  of  the  dif- 
trict.  In  case  the  inhabitants  neglect  at  such  meeting  to  choose 
offices,  the  district  clerk  becomes  ex-officio  librarian,  until  the 
vacancy  is  filled  by  the  trustees,  or  by  the  inhabitants,  at  their 
next  annual  meeting. 

By  section  137,  Laws  of  1847,  (No.  156,)  "  The  librarian  of 
any  district  library  shall  be  subject  to  the  directions  of  the  trustees 
thereof,  in  all  matters  relating  to  the  preservation  of  the  booki 
and  appurtenances  of  the  library,  and  may  be  removed  from  office 
by  them  for  wilful  disobedience  of  such  directions,  or  for  any  wil 
ful  neglect  of  duty." 

By  section  139,  of  the  same  act,  (No.  158,)  "  A  set  of  general 
regulations  respecting  the  preservation  of  school  district  libraries, 
the  delivery  of  them  by  librarians  and  trustees  to  their  successors 
in  office,  the  use  of  them  by  the  inhabitants  of  the  district,  th« 
number  of  volumes  to  be  taken  by  any  one  person  at  any  one 
time,  or  during  any  term,  the  periods  of  their  return,  the  fines  and 
penalties  that  may  be  imposed  by  the  trustees  of  such  libraries 
for  not  returning,  losing  or  destroying  any  of  the  books  therein, 
or  for  soiling,  defacing  or  injuring  them,  may  be  framed  by  the 
Superintendent  of  common  schools,  and  printed  copies  thereof 
shall  be  furnished  to  each  school  district  of  the  state  ;  which  re 
gulations  shall  be  obligatory  upon  all  persons  and  officers  having 
charge  of  such  libraries,  or  using  or  possessing  any  of  the  books 
thereof.  Such  fines  may  be  recovered  in  an  action  of  debt  in  th« 
name  of  the  trustees  of  any  such  library,  of  the  person  on  whom 
they  are  imposed,  except  such  person  be  a  minor  ;  in  which  case 
they  may  be  recovered  of  the  parent  or  guardian  of  such  minor, 
unless  notice  in  writing  shall  have  been  given  by  such  parent  or 
guardian  to  the  trustees  of  such  library,  that  they  will  not  be  res- 


265 

ponsible  for  any  books  delivered  such  minor.  And  persons  witk 
whom  minors  reside  shall  be  liable  in  the  same  manner,  and  to 
the  same  extent,  in  cases  where  the  parent  of  such  minor  does  not 
reside  in  the  district" 

By  §  141,  (No.  160,)  "The  legal  voters  in  any  two  or  more  ad- 
jo  ning  districts  may,  in  such  cases  as  shall  be  approved  by  the 
town  Superintendent  of  common  schools,  unite  their  library  moneys 
and  funds  as  they  shall  be  received  or  collected,  and  purchase  ft 
joint  library  for  the  use  of  the  inhabitants  of  such  districts,  whick 
shall  be  selected  by  the  trustees  thereof,  or  by  such  persons  as 
they  shall  designate,  and  shall  be  under  the  charge  of  a  librarian 
to  be  appointed  by  them  ;  and  the  foregoing  provisions  of  this  act 
shall  be  applicable  to  the  said  joint  libraries,  except  that  the  pro 
perty  in  them  shall  be  deemed  to  be  vested  in  all  the  trustees  for 
the  time  being  of  the  districts  so  united.  And  in  case  any  such 
district  shall  desire  to  divide  such  library,  such  division  shall  be 
made  by  the  trustees  of  the  two  district  whose  libraries  are  so 
united,  and  in  case  they  cannot  agree,  then  such  division  shall  be 
made  by  three  disinterested  persons,  to  be  appointed  by  the  Super 
intendent  of  common  schools. 

!By  the  regulations  of  the  Superintendent  made  in  pursuance  of 
this  provision,  the  librarian  is  required,  whenever  any  library  is 
purchased  and  taken  charge  of  by  him  to  make  out  a  full  and  com 
plete  catalogue  of  all  the  books  contained  therein.  At  the  foot 
of  each  catalogue  lie  is  to  sign  a  receipt  in  the  following  form. 

I,  A.  B.,  do  hereby  acknowledge  that  the  books  specified  in  the 
preceding  catalogue  have  been  delivered  to  me  by  the  trustees  of 
school  district  No.  in  the  town  of  to  be  safely  kept  by 

me  as  librarian  of  the  said  district  for  the  use  of  the  inhabitants 
thereof,  according  to  the  regulations  prescribed  by  the  Superintend 
ent  of  common  schools,  and  to  be  accounted  for  by  me  according  to 
tlie  said  regulations  to  the  trustees  of  the  said  district,  and  to  be 
delivered  to  my  successor  in  office.  Dated,  &c. 

A  correct  copy  of  the  catalogue  and  receipt  is  then  to  be  made 
to  which  the  trustees  are  to  add  a  certificate  in  the  following 
form  : 

We  the  subscribers,  trustees  of  school  district  No.  in  the 

town  of  do  certify  that  the  preceding  is  a  full  and    complete 

catalogue  of  books  in  the  library  of  the  said  district  now  in  posses 
sion  of  A.  B.,  the  librarian  thereof,  and  of  his  receipt  thereom. 
Given  under  our  hands  this  day  of  18 

The  catalogue  having  the  librarian's  receipt,  is  to  be  delivered 
to  the  trustees,  and  a  copy  having  the  certificate  of  the  trustees,  is 
to  be  delivered  to  the  librarian  for  his  indemnity. 

Whenever  books  are  added  to  the  library,  a  catalogue  with  a 
similar  receipt  by  the  librarian  is  be  delivered  to  to  the  trustees, 
and  a  copy  with  a  certificate  of  the  trustees  that  it  is  a  copy  of 


266 

the  catalogue  delivered  them  by  the  librarian,  is  to  be  furnished 
to  him.  Every  catalogue  received  by  trustees  is  to  be  kept  by  them 
•arefully  among  the  papers  of  the  district  and  to  be  delivered  to 
their  successors  in  office. 

Whenever  a  new  librarian  shall  be  chosen,  all  the  books  are  to 
be  called  in.  For  this  purpose  the  librarian  is  to  refuse  to  deliver 
eut  any  books  for  fourteen  days  preceding  the  time  so  prescribed 
for  collecting  them  together.  At  these  periods,  they  must  make  a 
careful  examination  of  the  books,  compare  them  with  the  catalogue, 
and  make  written  statements  in  a  column  opposite  the  name  of 
each  book,  of  its  actual  condition,  whether  lost  or  present,  and 
whether  in  good  order  or  injured,  and  if  injured,  specifying  in 
general  terms,  the  extent  of  such  injury.  This  catalogue,  with 
the  remarks,  is  to  be  delivered  to  the  successors  of  the  trustees,  to 
fee  kept  by  them ;  a  copy  of  it  is  to  be  made  out,  and  delivered  to 
the  new  librarian  with  the  library,  by  whom  a  receipt  in  the  form 
above  prescribed  is  to  be  given,  and  to  be  delivered  to  the  trustees. 
Another  copy  certified  by  them  as  before  mentioned,  is  to  be  de 
livered  to  the  librarian. 

Trustees,  on  coming  into  office,  are  to  attend  at  the  library  .  for 
the  purpose  of  comparing  the  catalogue  with  the  books.  They  are 
At  all  times  when  they  think  proper,  and  especially  on  their  com 
ing  into  office,  to  examine  the  books  carefully,  and  note  such  as 
are  missing  or  injured.  For  every  book  that  is  missing,  the  libra 
rian  is  accountable  to  the  trustees  for  the  full  value  thereof,  and 
for  the  whole  series  of  which  it  formed  a  part :  such  value  to  be 
determined  by  the  trustees.  He  is  accountable  also  for  any  in 
jury  which  a  book  may  appear  to  have  sustained,  by  being  soiled, 
defaced,  torn,  or  otherwise.  And  he  can  be  relieved  from  such 
accountability  only,  by  the  trustees,  on  its  being  satisfactorily  shown 
to  them  that  some  inhabitant  of  the  district  has  been  charged  or  is 
chargeable  for  the  book  so  missing,  or  for  the  amount  of  the  injury 
so  done  to  any  work.  It  is  the  duty  of  the  trustees  to  take  prompt 
and  efficient  measures  for  the  collection  of  the  amount  for  which 
any  librarian  is  accountable. 

The  librarian  must  cause  to  be  pasted  in  each  book  belonging 
to  the  library,  a  printed  or  written  label,  or  must  write  in  the  first 
blank  leaf  of  each  book,  specifying  that  the  book  belongs  to  the 
library  of  school  district  No.  in  the  town  of  ,  naming 

the  town  and  giving  the  number  of  the  district ;  and  he  is  on  no 
account  to  deliver  out  any  book  which  has  not  such  printed  or 
written  declaration  in  it.  He  is  also  to  cause  all  the  books  to  be 
•overed  with  strong  wrapping  paper,  on  the  back  of  which  is  to 
be  written  the  title  of  the  book,  and  its  number  in  large  figures. 
As  new  books  are  added,  the  numbers  are  to  be  continued,  and 
they  are  in  no  case  to  be  altered  ;  so  that  if  a  book  be  lost,  its  num 
ber  and  title  must  still  be  continued  on  the  catalogue,  with  a  note 
that  it  is  missing. 


267 

The  librarian  must  keep  a  blank  book,  that  may  be  made  by 
stitching  together  half  a  dozen  or  more  sheets  of  writing  paper. 
Let  those  be  ruled  across  the  width  of  the  paper  so  as  to  leave  five 
•olumns  of  the  proper  size  for  the  following  entries,  to  be  written 
lengthwise  of  the  paper;  in  the  first  column,  the  date  of  the  de 
livery  of  any  book  to  any  inhabitant ;  in  the  second,  the  title  of 
the  book  delivered,  and  its  number ;  in  the  third,  the  name  of  the 
person  to  whom  delivered  ;  in  the  fourth,  the  date  of  its  return  ; 
and  in  the  fifth,  remarks,  respecting  its  condition,  in  the  following- 
form  : 


Time  of  delivery. 

Title  cfc  No.  Book. 

To  whom. 

When  returned. 

Condition. 

1839,  June  10. 

History  of  Va.  43. 

T.  Jones. 

20th  June. 

Good. 

As  it  will  be  impossible  for  the  librarian  to  keep  any  trace  of 
the  books  without  such  minutes,  his  own  interest  to  screen  himself 
from  responsibility,  as  well  as  his  duty  to  the  public,  will,  it  is  to 
be  hoped,  induce  him  to  be  exact  in  making  his  entries  at  the  time 
any  book  is  delivered  ;  and  when  it  is  returned,  to  be  equally  exact 
in  noticing  its  condition,  and  making  the  proper  minute. 

A  fair  copy  of  the  catalogue  should  be  kept  by  the  librarian,  to 
be  exhibited  to  those  who  desire  to  select  a  book  ;  and  if  there  be 
room,  it  should  be  fastened  on  the  door  of  the  case. 

REGULATIONS  CONCERNING  THE  USE  OF  THE  BOOKS  IN  DISTRICT 
LIBRARIES  PRESCRIBED  BY  THE  SUPERINTENDENT  OF  COMMON 
SCHOOLS  PURSUANT  TO  THE  THIRD  SECTION  OF  THE  "  ACT  RE 
SPECTING  SCHOOL  DISTRICT  LIBRARIES,  "  PASSED  APRIL  15,  1839, 

I.  The  librarian   has  charge  of  the   books  and  is   responsible 
for  their  preservation  and  delivery  to  his  successor. 

II.  A    copy    of  the  catalogue    required  to  be    made    out   by 
Article  III,  and  IV.  of  Regulations  No.  1,  is  to  be  kept  by  the 
librarian,  open  to  the  inspection  of  the  inhabitants  of  the  district 
at  all   reasonable  times.     It  will  be  found   convenient  to   affix  a 
copy  of  it  on  the  door  of  the  book-case  containing  the  library. 

III.  Books  are  to  be  delivered  as  follows: 
1st.  Only  to  inhabitants  of  the  district. 

2d.  One  only  can  be  delivered  to  an  inhabitant  at  a  time,  and 
any  one  having  a  book  out  of  the  library  must  return  it  before 
he  can  receive  another. 

3d.  No  person  upon  whom  a  fine  has  been  imposed  by  the  trus 
tees  under  these  regulations,  can  receive  a  book  while  such 
fine  remains  unpaid. 

4th.  A  person  under  age  cannot  be  permitted  to  take  out  a  book 
unless  he  resides  with  some  responsible  inhabitant  of  the  dis 
trict  ;  nor  can  he  then  receive  a  book  if  notice  has  been  given 
by  his  parent  or  guardian  or  the  person  with  whom  he  resides, 
that  they  will  not  be  responsible  for  books  delivered  such 


268 

5th.  Each  individual  residing  in  the  district,  of  sufficient  age  to 
read  the  books  belonging  to  the  library,  is  to  be  regarded  a* 
an  inhabitant,  and  is  entitled  to  all  the  benefits  and  privileges 
conferred  by  the  regulations  relative  to  district  libraries.  Min- 
•ors  will  draw  in  their  own  names,  but  on  the  responsibility  of 
their  parents  or  guardians. 

6th.  Where  there  is  a  sufficient  number  of  volumes  in  the  library 
to  accommodate  all  residents  of  the  district  who  wish  to  borrow, 
the  librarian  should  permit  each  member  of  a  family  to  take 
books,  as  often  as  desired,  so  long  as  the  regulations  are  punctu 
ally  and  fully  observed.  But  where  there  are  not  books  enough, 
to  supply  all  the  borrowers,  the  librarian  should  endeavor  to  ao- 
commodate  as  many  as  possible,  by  furnishing  each  family  in 
proportion  to  the  number  of  its  readers  or  borrowers. 

IV.  Every  book  must  be  returned  to  the  library  within  twenty 
days  after  it  shall  have  been  taken  out,  but  the  same  inhabitant 
may  again  take  it,  unless  application  has  been  made  for  it,  while  it 
was  so  out  of  the  library,  by  any  person  entitled,  who  has  not  pre 
viously  borrowed  the  same  book,  in  which  case  such  applicant  shafl 
have  a  preference  in  the  use  of  it.     And  where  there  have  been 
several  such  applicants,  the  preference  shall  be  according  to  the 
priority  in  time  of  their  applications,  to  be  determined  by  the  libra 
rian.     Upon  application  to  the  Superintendent,   the  time  for  keep 
ing  books  out  of  the  library  will  be  extended  to  a  period  not  ex 
ceeding  twenty-eight  days,  where  sufficient  reasons  for  such  exten- 
tension  are  shown. 

V.  If  a  book  be  not  returned  at  the  proper  time,  the  librarian 
is  to  report  the  fact  to  the  trustees ;  and  he  must  also  exhibit  to 
them  every  book  which  has  been  returned  injured  by  soiling,  de 
facing,  tearing  or  in  any  other  way,  before  such  book  shall  again  b« 
loaned  out,  together  with  the  name  of  the  inhabitant  in  whose  pos 
session  it  was  when  so  injured. 

VI.  The  trustees  of  school  districts  being,  by  virtue  of  then- 
office,  trustees  of  the  library,  are  hereby  authorized  to  impose  the 
following  fines : 

1st.  For  each  day's  detention  of  a  book  beyond  the  time  allowed 
by  these  regulations,  six  cents,  but  not  to  be  imposed  for  more 
than  ten  days'  detention. 

2d.  For  the  destruction  or  loss  of  a  book,  a  fine  equal  to  the  full 
value  of  the  book,  or  of  the  set,  if  it  be  one  of  a  series,  with  the 
addition  to  such  value  of  ten  cents  for  each  volume.  And  on 
the  payment  of  such  fine,  the  party  fined  shall  be  entitled  to  the 
residue  of  the  series.  If  he  .has  also  been  fined  for  detaining 
such  book,  then  the  said  ten  cents  shall  not  be  added  to  the 
value. 

3d.  For  any  injury  which  a  book  may  sustain  after  it  shall  be  ta 
ken  out  by  a  borrower,  arid  before  its  return,  a  fine  may  be  im 
posed  of  six  cents  for  every  spot  of  grease  or  oil  upon  the  cov 
er,  or  upon  any  leaf  of  the  volume  ;  for  writing  in  or  defacing 


269 

any  book,  not  less  than  ten  cents,  nor  more  than  the  value  of  the 
book ;  for  cutting  or  tearing  the  cover  or  the  binding,  or  any 
leaf,  not  less  than  ten  cents,  nor  more  than  the  value  of  the 
book. 

4th.  If  a  leaf  be  torn  out,  or  so  defaced  or  mutilated  that  it  can 
not  be  read,  or  if  anything  be  written  in  the  volume,  or  any  oth 
er  injury  done  to  it,  which  renders  it  unlit  for  general  circula 
tion,  the  trustees  will  consider  it  a  destruction  of  the  book,  and 
shall  impose  a  fine  accordingly,  as  above  provided,  in  case  of  loss 
of  a  book. 

5th.  When  a  book  shall  have  been  detained  seven  days  beyond 
the  twenty  days  allowed  by  these  regulations,  the  librarian  shall 

five  notice  to  the  borrower  to  return  the  same  within  three  days. 
f  not  returned  at  that  time,  the  trustees  may  consider  the  book 
lost  or  destroyed,  and  may  impose  a  fine   for  its  destruction  in 
addition  to  the  fines  for  its  detention. 

VII.  But  the  imposition  of  a  fine  for  the  loss  or  destruction  of 
a  book,  shall  not  prevent  the  trustees  from  recovering  such  book  in 
an  action  of  replevin,  unless  such  fine  shall  have  been  paid. 

VIII.  When,  in  the  opinion  of  the  librarian,  any  fine  has  been 
incurred  by  any  person  under  these  regulations,  he  may  refuse  to 
deliver  any  book  to  the  party  liable  to  such  fine,  until  the  decision 
of  the  trustees  upon  such  liability  be  had. 

IX.  Previous  to  the  imposition  of  any  fine,  two  days'  written 
or  verbal  notice  is  to  be  given  by  any  trustee,  or  the  librarian,  or 
any  other  person  authorized  by  either  of  them,  to  the  person  char 
ged,   to  show  cause  why  he  should  not  be  fined  for  the  alleged  of 
fence  or  neglect ;  and  if  within  that  time  good  cause  be  not  shown 
the  trustees  shall  impose  the  fine  herein  prescribed.     No  other  ex 
cuse  for  an  extraordinary  injury  to  a  book,  that  is  for  such  an  in 
jury  as  would  not  be  occasioned  by  its  ordinary  use,  should  be  re 
ceived,  but  the  fact  that  the  book  was  as  much  injured  when  it  was  ta 
ken  out  by  the  person  charged,  as  it  was  when  he  returned  it.     As 
such  loss  must  fall  on  some  one,  it  is  more  just  that  it  should  be  borne 
by  the  party  whose  duty  it  was  to  take  care  of  the  volume,  than 
by  the  district.     Negligence  can  only  be  prevented,  and  disputes 
can  only  be  avoided,  by  the  adoption  of  this  rule.     Subject  to  these 
general  principles  the   imposition  of  all,  or  any  of  these  fines,  is 
discretionary  with  the  trustees,  and  they  should  ordinarily  be  im 
posed  only  for  wilful  or  culpably  negligent  injuries  to  books,  or 
where  the  district  actually  sustains  a  loss  or  serious  injury.     Rea 
sonable  excuses  for  the  detention  of  the  books  beyond  twenty  days 
should  in  all  cases  be  received. 

X.  It  is  the  special  duty  of  the  librarian   to  give  notice  to  the 
borrower  of  a  book  that  shall  be  returned  injured,  to  show  cause 
why  he  should  not  be  fined.     Such  notice  may  be   given  to  the 
agent  of  the  borrower  who  returns  the  book,  and  it  should  always 
be  given  at  the  time  the  book  h  returned. 


270 

XL  The  librarian  is  to  inform  the  trustees  of  every  notice  giv 
en  by  him  to  show  cause  against  the  imposition  of  a  fine  ;  and  they 
shall  assemble  at  the  time  and  place  appointed  by  him,  or  by  any 
notice  given  by  them,  or  any  one  of  them ;  and  shall  hear  the 
charge  and  defence.  They  are  to  keep  a  book  of  minutes,  in  which 
every  fine  imposed  by  them  and  the  cause,  shall  be  entered  and 
signed  by  them,  or  the  major  part  of  them.  Such  original  min 
utes,  or  a  copy  certified  by  them,  or  the  major  part  of  them,  or 
by  the  clerk  of  the  district,  shall  be  conclusive  evidence  of  the  fact 
that  a  fine  was  imposed  as  stated  in  such  minutes,  according  to  these 
regulations. 

XII.  It  shall  be  the  duty  of  trustees  to  prosecute  promptly  for 
the  collection  of  all  fines  imposed  by  them.     Fines  collected  for  the 
detention  of  books,  or  for  injuries  to  them,  are  to  be  applied  to  de 
fray  the  expense  of  repairing  the  books  in  the  library.     Fines  col 
lected  for  the  loss  or  destruction  of  any  book,  or  of  a  set  or  series  of 
books,  shall  be  applied  to  the  purchase  of  the  same  or  other  suitable 
books. 

XIII.  These  regulations  being  declared  by  law  "  obligatory  up 
on  all  persons  and  officers  having  charge  of  such  libraries,  or  using 
or  possessing  any  of  the  books  thereof,"  it  is  expedient  that  they 
should  be  made  known  to  every  borrower  of  a  book.     And  for  that 
purpose,  a  printed  copy  is  to  be  affixed   conspicuously  on  the  case 
containing  any  library,  or  on  one  of  such  cases,  if  there  be  several ; 
and  the  librarian  is  to  call  the  attention  to  them  of  every  person,  on 
the  first  occasion  of  his  taking  out  a  book. 

The  offices  of  trustee  and  librarian  are  incompatible,  and  cannot 
be  held  by  the  same  person. 


CHAPTER   VIII. 


TEACHERS. 

By  §  104,  (No.  129,)  the  trustees  of  each  district  are  to  provide 
a  book,  in  which  the  teachers  are  to  enter  the  names  of  the  scholars 
attending  school,  and  the  number  of  days  they  shall  have  respect 
ively  attended,  and  also  the  number  of  times  the  school  shall  have 
been  inspected  by  the  town  superintendent.  This  list  is  to  be  ver 
ified  by  the  oath  of  the  teacher. 

The  strict  and  faithful  performance  of  this  duty  is  highly  impor 
tant,  not  only  to  the  district  but  to  the  teacher.  It  is  the  basis  up 
on  which  the  rate-bills  are  to  be  made  out,  and  by  which  the  sums 
to  be  paid  by  parents  are  to  be  ascertained.  Error  in  these  lists 
will  therefore  produce  injustice.  It  has  been  held  by  this  depart 
ment,  that  the  teacher  is  not  entitled  to  call  on  the  trustees  for  his 
wages,  unless  he  furnishes  them  an  accurate  list  of  scholars,on  which 
they  can  prepare  the  rate-bills  and  issue  their  warrant.  Hence  the 


271 


teacher  has  a  direct  personal  interest  in  the  preservation  of  an  ac 
curate  list,  which  he  can  verify  by  his  oath. 

For  the  purpose  of  executing  this  provision,  the  teacher  will  write 
the  following  heading  or  caption  in  his  book,  at  the  commencement 
of  each  quarter : 

A  list  of  the  scholars  who  attended  the  district  school  of  district 
No.  in  the  town  of  daring  the  quarter  or  terra 

commencing  the  day  of  185     ,  and  the  number  of 

days  they  respectively  attended  the  same. 


Time   of  entrance. 

Name  of  scholar. 

No.  of  days'  attendance. 

Nov.  1,  1851, 
Dec.  1,   « 
Dec.  4,   " 

John  Thompson, 
Peter  Barker, 
James  Thomas, 

Seventy-eight, 
Forty-three, 
Forty, 

78  days. 
43    " 

40    « 

At  the  time  any  pupil  enters  the  schools,  the  teacher  should  im 
mediately  insert  the  date  and  the  name  of  the  scholar.  At  the 
close  of  the  quarter,  the  whole  number  of  days  that  each  pupil  at 
tended  is  to  be  ascertained,  from  the  check  roll,  and  entered  in  the 
third  column,  in  words  at  length,  and  also  in  figures,  as  in  the  above 
form. 

Each  teacher,  at  the  commencement  of  every  quarter,  must  pro 
vide  a  day  or  check  roll,  in  which  the  name  of  every  scholar  is  to 
be  entered.  It  should  be  ruled  so  as  to  give  six  columns,  corres 
ponding  to  the  number  of  days  in  the  week.  The  number  attend 
ing  should  be  ascertained  each  half  day,  and  pencil  marks  made  ia 
the  column  for  the  day  opposite  to  the  name  of  each  one  present. 
At  the  end  of  the  week,  the  number  of  days  each  pupil  has  attend 
ed  during  the  week  should  be  summed  up  and  entered  on  the  week 
ly  roll.  Each  half  day's  attendance  should  be  noted,  and  two  half 
days  should  be  reckoned  as  one  day.  The  pencil  marks  on  the  day 
loll  may  be  obliterated,  so  that  the  same  roll  may  be  used  during 
the  quarter.  The  weekly  roll  should  be  formed  in  the  same  man 
ner,  so  as  to  contain  the  names  of  the  pupils,  and  thirteen  columns 
ruled,  corresponding  to  the  number  of  weeks  in  the  quarter.  In 
each  of  these  columns  is  to  be  entered  the  result  of  the  daily  check 
roll  for  each  week,  in  the  following  form  : 

Weekly  Roll 
Attendance  of  pupils  in  district  school  of  district  No. 


Names 
of 
pnpils. 

1st  week. 

2d  week. 

3d  week. 
5  days. 

4th  week. 

5th  week 

J.  Tho'n, 

6  days. 

4  days. 

6  days. 

5J  days, 

372 

At  the  end  of  the  quarter,  the  teacher  will  sum  up  the  attendan- 
«es  of  each  pupil  from  this  weekly  roll,  and  enter  the  result  in  the 
book  provided  by  the  trustees  as  before  mentioned,  showing  the 
whole  number  of  days  each  scholar  has  attended  during  the  quar 
ter. 

At  the  end  of  the  list,  the  following  oath  or  affirmation  is  to  be 
written : 

A.  B.,  being  duly  sworn,  (or  affirmed)  deposes,  that  the  forego 
ing  is  a  true  and  accurate  list  of  the  names  of  the  scholars  who  at 
tended  the  district  school  of  district  No.  in  the  town  of 

during  the  quarter  commencing  the  day  of 

185     ,  and  the  number  of  days  they  respectively  attended. 

This  oath  or  affirmation  is  to  be  signed  by  the  teacher,  and  certi 
fied  by  a  justice  of  the  peace,  commissioner  of  deeds,  judge  of  any 
court  of  record,  town  superintendent,  or  county  clerk,  to  have  been 
taken  before  him. 

The  teachers  are  also  required  to  make  an  abstract  of  the  lists 
for  the  use  of  the  trustees,  at  the  end  of  each  quarter,  showing  the 
results  exhibited  under  the  following  heads  and  in  the  following 
form : 

Abstract  of  the  attendance  of  scholars,  at  the  district  school  of 
district  No.  in  the  town  of  during  the  quarter 

«ommencing  the  day  of  185     . 

Of  scholars  who  attended  less  than  two  months,  there  were 
Of  scholars  who  attended  two  months  and  less  than  four, 
M  "  four  months  and  less  than  six, 

"  "  six  months  and  less  than  eight, 

"  "  eight  months  and  less  than  ten, 

*'  ten  months  and  less  than  twelve, 

"  "  twelve  months. 

This  abstract  is  to  be  signed  by  the  teacher  and  delivered  to  the 
trustees. 

In  another  part  of  .the  book  provided  by  the  trustees,  and  towards 
the  end  of  it,  the  teacher  will  enter  the  days  on  which  the  school 
has  been  inspected,  in  the  form  of  a  memorandum,  as  follows  : 

Account  of  Inspections  of  the  School  in  District  No. 

November  1,  1841.  The  school  was  inspected  by  William  Jones, 
town  Superintendent. 

December  1,  1841.  The  school  was  inspected. 

To  this  also  an  oath  or  affirmation  of  the  correctness  must  be 
added,  in  the  following  form  : 

A.  B.,  being  duly  sworn,  (or  affirmed)  deposes,  that  the  foregoing 

is  a  true  account  ot  the  days  on  which  the  school   in  District  No. 

,  in  the  town  of  ,  was  visited  and  inspected  by  the 


273 

town  superintendent,  during  the  quarter  commencing  on  the 
day  of  185     . 

Teacher. 

Sworn  (or  affirmed)  and  subscribed  this 
day  of  185     ,  before  me. 

Teachers  cannot  demand  payment  of  their  wages  until  the  col" 
lector  has  had  thirty  da}rs  to  collect  them. — Com.  School  Dec.  101* 

A  teacher  may  employ  necessary  means  of  correction  to  maintain 
order  ;  but  he  should  not  dismiss  a  scholar  from  school  without  con 
sultation  with  the  trustees. — Id.  145. 

If  a  teacher's  certificate  is  annulled,  the  trustees  are  at  liberty  t© 
dismiss  him,  and  to  rescind  their  contract  with  him.  But  if  they 
continue  him  in  school,  after  notice  that  his  certificate  has  been  an 
nulled,  it  will  be  regarded  as  such  a  continuance  of  the  contract, 
that  they  will  not  be  allowed  at  a  subsequent  period  to  dispute  it-. 
—Id  212 

Contracts  by  trustees  for  teachers'  wages  are  binding  upon 
successors  in  office. — Id  191,  282. 

Teachers,  though  not,  strictly  speaking,  inhabitants  of  the  dis 
trict  where  they  are  located,  should  be  allowed  to  participate  in  all 
the  privileges  and  benefits  of  the  district  libraries. — Per  SPENCER, 
Supt,  1841. 

The  convenience  and  accommodation  of  many,  if  not  of  most  of 
the  inhabitants  of  the  several  districts,  would  be  essentially  pro 
moted  by  placing  the  charge  of  the  library,  temporarily  with  the 
teacher,  during  the  term  of  his  or  her  employment,  and  depositing 
it  in  some  convenient  and  safe  place  in  the  school-house.  This 
arrangement  can  only  be  carried  into  effect  by  the  concurrence  of 
the  trustees  and  librarian,  and  under  their  supervision.  Generally, 
the  teacher,  not  being  an  inhabitant  of  the  district,  cannot  be  cho 
sen  librarian.  But  where  the  trustees  and  librarian  have  sufficient 
confidence  in  the  teacher  and  in  the  safety  of  the  books,  when  left 
at  the  school-house,  they  will  find  this  arrangement  in  many  re 
spects  conducive  to  the  convenience  of  the  district. 

The  authority  of  the  teacher  to  punish  his  scholars,  extends  to 
acts  done  in  the  school-room,  or  play-ground,  only  ;  and  he  has  no 
legal  right  to  punish  for  improper  or  disorderly  conduct  elsewhere. 
— Per  SPENCER,  Sup't. 

Teachers  may  open  and  close  their  schools  with  prayer,  and  the 
reading  of  the  Scriptures,  accompanied  with  suitable  remarks  ;  ta 
king  care  to  avoid  all  discussion  of  controverted  points,  or  sectarian 
dogmas. 

Where  a  teacher  is  dismissed  by  the  trustees  for  good  cause,  he 
can  collect  his  wages  only  up  to  the  period  of  his  dismissal. 

The  teacher   of  a  school  has  necessarily  the    government  of  it  ; 
and  he  may  prescribe  the  rules  and  principles  on  which  such  gov 
ernment  will  be  conducted.     The  trustees  should  not  interfere  with 
the  discipline  of  the  school  except  on  complaint  of  misconduct  on 
18 


274 

the  part  of  the  teacher  ;  and  they  should  then  invariably  sustain 
such  teacher,  unless  his  conduct  has  been  grossly  wrong. — Per 
SPENCER,  Sup't 

Where  a  teacher  agrees  to  collect  his  own  wages  he  will  be  con 
cluded  by  such  an  agreement,  and  will  not  afterwards  be  permitted 
to  call  on  the  trustees  to  enforce  the  collection  of  any  part  of  such 
bill  by  rate-bill.— Id. 

Where  a  teacher  contracts  with  the  trustees  of  a  district  to  teach 
their  school  for  a  given  sum  per  scholar,  he  is  entitled  to  charge  the 
trustees  that  sum  for  each  scholar  attending  the  school  during  the 
quarter,  without  reference  to  the  number  of  days'  attendance  ;  pro 
vided  such  scholar  has  not  been  detained  from  school  during  the 
greater  portion  of  the  term,  by  illness  or  unavoidable  casualty. — 
The  trustees  however,  must  graduate  their  rate-bill  against  the  in 
habitants  sending  to  school,  by  the  number  of  days  attendance,  to 
be  ascertained  from  the  verified  list  of  the  teacher. — Per  YOUNG 
Sup't. 

Schools  maybe  kept  on  Sunday  for  the  benefit  of  those  per 
sons  who  observe  Saturday  as  holy  time  ,  and  the  teacher  must 
be  paid  for  that  day  by  those  who  send  !o  school. —  Com.  School 
Dec.  138. 

The  holydays  on  which  a  teacher  may  dismiss  his  school  are  such 
as  it  is  customary  to  observe,  either  throughout  the  country  or  in 
particular  localities  ;  among  which  may  be  enumerated  the  Fourth 
of  July,  Thanksgiving,  Christmas,  New-Year's,  &c. — Id.  139. 

The  teacher  may  also,  unless  restrained  by  special  contract  to 
the  contrary,  dismiss  his  school  on  the  afternoon  of  each  Saturday, 
or  the  whole  of  each  alternate  Saturday,  according  to  the  particular 
custom  of  the  district  in  that  respectr  or  his  own  convenience  and 
that  of  the  inhabitants. — Id. 

The  practice  of  inflicting  corporal  punishment  upon  scholars,  in 
any  case  whatever,  has  no  sanction  but  usage.  The  teacher  is  re 
sponsible  for  maintaining  good  order,  and  he  must  be  the  judge  of 
the  degree  and  nature  of  the  punishment  required  where  his  'au 
thority  is  set  at  defiance.  At  the  same  time  he  is  liable  to  the  par 
ty  injured  for  any  abuse  of  a  prerogative  which  is  wholly  derived 
from  custom — Per  JOHN  A.  Dix,  Sup't.  Common  School  Decisions-? 
'102. 


CHAPTER  IX. 


APPEALS  TO  THE  STATE  SUPERINTENDENT. 

The  cases  in  which  the  courts  will  not  entertain  jurisdiction  of 
complaints  of  erroneous  proceedings  under  the  school  laws,  and  in 
which  only  a  certiorari  wiii  i  e,  may  be  inferred  from  the  decision 


275 

of  the  Supreme  court  in  the  case  of  Easton  and  others,  vs  Calender, 
11  Wend.  90.  "The  plaintiff  below  was  not  without  his  remedy. 
1  R.  S.  487,  §110,  111  and  the  amendment  of  the  law,  20th  April 
1830,  provides  "  that  any  person  conceiving  himself  aggrieved  in  con 
sequence  of  any  decision  made  by  the  Trustees  of  any  district  in 
paying  any  teacher  ;  or  concerning  any  other  matter  under  the  pre 
sent  title,"  (which  includes  the  whole  of  the  school  act,)  "may  ap 
peal  to  the  Superintendent  of  Common  Schools,  whose  decision 
shall  be  final."  This  provision  was  intended  for  what  it  practically 
is,  a  cheap  and  expeditious  mode  of  settling  most,  if  not  all,  of  the 
difficulties  and  disputes  arising  in  the  course  of  the  execution  of  the 
law.  A  common  law  certiorari  would  no  doubt  lie  from  this  court, 
to  the  trustees  to  bring  up  and  correct  any  erroneous  proceeding 
not  concluded  by  an  adjudication  of  the  Superintendent,  or  in  a 
case  where  his  powers  were  inadequate  to  give  the  relief  to  which 
the  party  was  entitled." 

The  passage  of  several  acts  of  the  Legislature  renders  necessary 
a  revision  of  the  regulations  concerning  appeals  :  And  the  follow 
ing  are  therefore  substituted  for  those  heretofore  established  : 

CASES  IN  WHICH  APPEALS  MAY  BE  MADE. 

I.  Where  any  decision  has  been  made  by   any  School  District 
meeting. 

This  includes  the  whole  class  of  cases,  in  which  district  meetings 
have  the  power  to  decide  on  any  proposition  or  motion  that  may 
legally  be  made  to  them,  under  any  section  of  the  School  Act. 

II.  Where  any  decision  has  been  made  by  the  Town  Superin 
tendent  of   Common  Schools,  or    by  him  and  the    Supervisor  and 
Town  Clerk,  in  forming  or  altering,  or  in  refusing  to  form  or  alter 
any  School  I  Hstrict,  or  in  refusing  to  pay  any  school  moneys  to  any 
district,  and    under  the  general  provision,    "  concerning   any  other 
matter  under  the  present  title,"  appeals  will  also  lie  frcm  the  pro 
ceedings  of  such  Town  Superintendent  in  any  erroneous  distribu 
tion  of  public  money,  in  paying  it  to  any  district  not  entitled,  or  more 
than  it  is  authorized  to  receive  ;   and  in  fact  any  official  decision, 
act  or  proceeding,  and  from  a  refusal  to  discharge  any  duty  imposed 
by  law,  or  the  regulations  of  the  Superintendent,  or  incident  to  the 
duties  of  his  office. 

III.  Where  any  decision  has  been   made  by  trustees  of  school 
districts  in  paying  any  teacher,  or  refusing  to  pay  him,  or  in   refu 
sing  to  admit  any  scholar  gratuitously  into  the  school :     And  under 
the  same  general  provision  referred  to,  in  improperly  admitting  any 
scholar  gratuitously,    in  making  out  any  tax  list,  or  rate-bill,  or  in 
any  act  or  proceeding  whatever,  which  they  undertake  to  perform 
officially  ;   and  also  for  the   refusal  to  discharge  any  duty  enjoined 
by-law,  or  any  regulation  of  the  Superintendent,  or  incident  to  the 
duties  of  their  office. 


276 

IV.  Where  Town  Superintendents  have  improperly  granted  or 
annulled  a  certificate  or  qualification  to  a  teacher  ;  or  have  refused 
to  grant  or  annul  such  certificate ;  and  where  they  have  underta 
ken  to  perform  any  official  act,  or  refused  to  discharge  any  duty  im 
posed  by  law  or  under  its  authority,  in  the  inspection  of  teachers 
and  visitation  of  schools. 

V.  Where  Clerks  of  Districts,  Clerks  of  Towns,  or  other  min 
isterial  officers,   refuse  to  perform  any  duty  enjoined  by  the  Com 
mon  School  Act. 

VI.  Where  any  other   matter  under   the  said  act,  shall  be  pre 
sented,  either  in  consequence  of  disputes  between  districts  respect 
ing  their  boundaries,  or   any  other  subject ;  or  in  consequence  of 
disputes  between   any  officers  charged   with  the  execution  of  any 
duties  under  the  laws  concerning  Common  Schools,  or  disputes  be 
tween  them  any   other  person  relating  to  such  duties   or  any  of 
them. 

Under  the  140£A  section  "respecting  School  District  Libraries /» 
(No.  159.) 

VII.  Appeals  may  be  made  from  any  act  or  decision  of  trustees 
or  school  districts  concerning  the  Libraries  or  the  books  therein,  or 
the  use  of  such  books. 

VIII.  Any  act  or   decision  of  the  Librarian  in  respect  to  the 
Library. 

IX.  Any  act  or  decision  of  any  district  meeting  in  relation  to 
their  school  library. 

X.  Appeals  also  lies  from  the  acts  of  Town  Superintendents  of 
Common  Schools  in  withholding  or  paying  over  library  money  to 
any  district. 

BY  WHOM  APPEALS  ARE  TO  BE  MADE. 

XII.  The  person  aggrieved  by  the  act  complained  of,  only,  can 
appeal.     Generally  every  inhabitant  of  a  district  is  aggrieved  by 
the  wrongful  act  or  omission  of  a  trustee  or  town  superintendent,  by 
which  money  or  property  is  disposed  of,  or  not  secured  for  the  bene 
fit  of  the  district.     But  no  one  is  aggrieved  by  another  being  inclu 
ded  in  a  tax  list  or  rate-bill,  although  other  inhabitants  are  by  the 
omission  of  one  who  should  be  taxed ;  and  appeals  may  be  made  by 
trustees,  in  behalf  of  their  districts  whenever  they  are  aggrieved. 

FORM  AND  MANNER  OF  PROCEEDING. 

XIII.  An  appeal  must  be  in  writing  and  signed  by  the  appel 
lant.     When  made  by  the  trustees  of  a  district,  it  must  be  signed  by 
all  the  trustees,  or  a  reason  must  be  given  for  the  omission  of  any, 
verified  by  the  oath  of  the  appellant,  or  of  some  person  acquainted 
with  such  reason. 

XIV.  A  copy  of  the  appeal,  duly  verified,  and  of  all  the  state 
ments,  maps  and  papers  intended  to  be  presented  in  support  of  it, 


8TJ? 

. 

277 

•r  '  i     .       iiH'v  I  tftlflbi  i  "v  '-Mil  ^lol  ;*i  tfeJ:>hUib  to 

must  be  served  on  the  officers  whose  act  or  decision  is  complained 
of,  or  some  of  them  ;  or  if  it  be  from  the  decision  or  proceeding  of 
a  district  meeting,  upon  the  district  clerk  or  one  of  the  trustees, 
whose  duty  it  is  to  cause  information  of  such  appeal  to  be  given  to 
the  inhabitants  who  voted  for  the  decision  or  proceeding  appealed 
from. 

XV.  Such  service  must  be  made  within  thirty   days  after  the 
making  of  the  decision,  or  the  performance  of  the  act  complained  of, 
or  within  that  time,  after  the  knowledge  of  the  cause  of  complaint 
came  to  the  appellant,  or  some  satisfactory  excuse  must  be  render 
ed  for  delay. 

XVI.  The  party  on  whom  the  appeal  was  served,  must  within 
ten  days  from  the  time  of  such  service,  answer  the  same,  either  by 
concurring  in  a  statement  of  facts  with  the  appellant,  or  by  a  sepa 
rate   answer.     Such   statement  and  answer  must  be  signed  by  all 
the  trustees,  or  other  officers,  whose  act,  omission  or  decision  is  ap 
pealed  from,  or  a  good  reason  on  oath  must  be  given,  for  the  omis 
sion  of  the  signature  of  any  of  them,  verified  by  oath,  and  a  copy 
of  such  answer  must  be  served  on  the  appellants,  or   some  one  of 
them. 

XVII.  So  far  as  the  parties  concur  in  a  statement  no  oath  will 
be  required  to  it.     But  all  facts,  maps  or  papers  not  agreed  upon 
by  them  and  evidenced  by  their  signature  on  both  sides,  must  be 
veritied  by  oath. 

XVIII.  All  oaths  required  by  these  regulations  must  be  taken 
before  a  judge  of  a  court  of  record,  a  commissioner  of  deeds,  a 
justice  of  the  peace,  or  a  town  superintendent. 

XIX.  A  copy  of  the  answer  and  of  all  the  statements,  maps  and 
papers  intended  to  be  presented  in  support  of  it,  must  be  served 
upon  the  appellants,  or  some  one  of  them,  within  ten  days  after 
service  of  a  copy  of  the  appeal,  unless  further  time  be  given  by  the 
state  superintendent,  on  application,  in  special  cases ;  but  no  re 
plication  or  rejoinder  shall  be  allowed,  except  by  permission  of  the 
state  superintendent,  and  in  reference  exclusively  to  matters  arising 
upon  the  answer,  and  which  may  be  deemed  by  such  state  super 
intendent  pertinent  to  the  issue  :  in  which  case  such  replication  and 
rejoinder  shall  be  duly  verified  by  oath,  and  copies  thereof  served 
on  the  opposite  party. 

XX.  Proof  or  admission  of  the  service  of  copies  of  the  appeal, 
answer  and  all  other  papers  intended  to  be  used  on  the  hearing  of 
such  appeal,  must  in  all  cases,  accompany  the  same, 

XXL  When  any  proceeding  of  a  district  meeting  is  appealed 
from,  and  when  the  inhabitants  of  a  district  generally  are  interested 
in  the  matter  of  the  appeal,  and  in  all  cases  where  an  inhabitant 
might  be  an  appellant,  had  the  decision  or  proceeding  been  the  op 
posite  of  that  which  was  made  or  had  ;  any  one  of  more  of  such  in 
habitants  may  answer  the  appeal,  with  or  without  the  trustees. 

XXII.  Where  the  appeal  has  relation  to  the  alteration  or  form 
ation  of  a  school  district,  it  must  be  accompanied  by  a  map,  exhib- 


278 

iting  the  site  of  the  school  house,  the  roads,  the  old  and  new  lines 
of  districts,  the  different  lots,  the  particular  location  and  distance 
from  the  school-houses,  of  the  persons  aggrieved  ;  and  their  rel 
ative  distance,  if  there  are  two  or  more  school-houses  in  question. 
Also,  a  list  of  all  the  taxable  inhabitants  in  the  district  or  territory 
to  be  affected  by  the  question  ;  the  valuation  of  the  property  taken 
from  the  last  assessment  roll,  and  the  number  of  children  between 
five  and  sixteen  belonging  to  each  person,  distinguishing  the  dis 
tricts  to  which  they  respectively  belong. 

XXIII.  When  the  copy  of  the  appeal  is  served,  all  proceedings 
upon  or  in  continuation  of  the  act  complained  of,  or  consequent  in 
any  way  upon  such  act,  must  be  suspended  until  the  case  is  decid 
ed.     So  where  any  decision   concerning  the  distribution  of  public 
money  to  one  or  more  districts  is  appealed  from,  the  town  superin 
tendent  must  retain  the  money  which  is  in  dispute  until  the  appeal 
is  decided.     And  where  trustees  have  money  in  their  hands  claim 
ed  to  belong  to  any  person,  or  any  other  district,  after  the  copy  of 
an  appeal  is  served  on  them  in  relation  to  such  claim,  they  must 
retain  such  moneys  to  abide  the  result,  and  must  not  expend  them 
so  as  to  defeat  the  object  of  the  appeal. 

XXIV.  Whenever  a  decision  is  made  by  the  superintendent,  and 
communicated  to  the  town  superintendent  of  common  schools,  re 
specting  the  formation,   division  or  alteration  of  districts,  he  must 
cause  the  decision  to  be  recorded  in  the  office  of  the  town  clerk. 
All  other  decisions  communicated  to  him,  or  to  the  trustees  of  dis 
tricts,  are  to  be  kept  among  the  official  papers  of  the  clerk  of  the 
town  or  district  and  handed  over  to  his  successors  ;  and  the  district 
clerks  are  required  to  record  all  such  as  come  to  their  hands  in  the 
district  book  kept  by  them. 

NOTE. — By  a  clerical  error  in  the  engrossment  of  the  1 6th  sec 
tion  of  Chap.  382  of  the  laws  of  1849,  section  132  of  Chap.  480, 
laws  of  1847,  conferring  appellate  jurisdiction  on  the  State  Super 
intendent  of  Common  Schools,  was  inadvertently  repealed.  The 
Superintendent  has,  however,  continued  to  entertain  appeals  in  ac 
cordance  with  the  regulations  above  inserted,  where  such  appeals 
have  been  submitted  by  the  parties  respectively,  to  his  decision. 
A  bill  correcting  the  error  in  the  act  of  1849,  passed  the  Assem 
bly  at  its  last  session,  and  was  supposed  to  have  passed  the  Senate, 
at  the  time  of  the  passing  of  these  sheets  through  the  press,  in 
consequence  of  which,  the  original  section  (132)  relating  to  appeals 
was  restored.  As  there  can  be  little  doubt  that  this  section  will  be 
re-instated  at  the  ensuing  session  of  the  Legislature,  it  has  be'en 
deemed  expedient  to  retain  that  portion  of  the  instructions  relating 
to  appeals,  with  this  explanatory  note. 


PART    IV 


LOCAL  LAWS  AND  REGULATIONS, 


RESPECTING 


COMMON  SCHOOLS. 


ALBANY, 

1844,  Chap.  128.] 


',§  1.  The  mayor  and  recorder  of  the  city  of  Albany,  and  the  Regents  of 
the  University  residing  in  said  city,  shall,  without  delay,  appoint  nine  per 
sons,  residents  of  the  city  of  Albany,  to  be  denominated  a  Board  of  Com 
missioners  of  the  District  Schools  of  the  city  of  Albany,  who  shall  be  divi 
ded  by  lot  into  three  classes,  to  be  numbered  one,  two  and  three  :  the  term 
•of  office  of  the  first  class  shall  be  one  year,  from  the  first  day  of  June  next  ; 
of  the  second,  two  ;  and  of  the  third,  three  years  from  that  day  :  and  three 
commissioners  shall  thereafter  annually  be  appointed  by  the  said  mayor  and 
recorder  of  the  city  of  Albany,  and  the  regents  of  the  university  residing 
in  said  city,  in  place  of  those  whose  terms  of  office  shall  expire,  who  shall 
liold  their  office  for  three  years,  and  until  their  successors  be  duly  ap 
pointed.  In  case  of  a  vacancy  in'  the  office  of  either  of  the  commissioners, 
during  the  period  for  which  he  or  they  shall  have  been  respectively  appoint 
ed,  the  said  mayor  and  recorder  of  the  city  of  Albany  and  the  regents  of 
the  university  residing  in  the  said  city,  shall  fill  such  vacancy,  and  the  person 
or  persons  so  appointed  to  fill  such  vacancy,  shall  hold  the  office  only  for  the 
unexpired  term  so  becoming  vacant. 

§  2.  Any  member  of  said  board  of  commissionere  may  be  removed,  for 
«ause,  from  office,  by  a  vote  of  two-thirds  of  the  persons  authorized  by  the 
preceding  section  to  appoint  such  commissioners  ;  and  any  vacancy  so  made 
shall  be  filled  in  the  manner  already  provided. 

§  3.  The  board  of  commissioners  shall  have  power  to  appoint  one  of 
their  number  president  of  said  board,  who  shall  have  the  powers  usually  in 
cident  to  such  office  ;  and  said  board  shall  have  power,  and  it  shall  be  their 
duty,  to  appoint  a  secretary  to  said  board,  who  shall  perform  such  duties  as 
the  said  board  from  time  to  time  may  direct,  and  who  shall  receive  therefor 
such  compensation,  not  exceeding  one  hundred  and  fifty  dollars  annually,  as 
the  said  board  shall  provide,  out  of  any  moneys  remaining  unexpended  in 
the  hands  of  said  board. 


280 

*.  The  board  of  commissioners  shall  have  power,  and  it  shall  be  their 
duty,  to  contract  with  and  employ  the  teachers  of  the  district  schools  of 
said  city  ;  to  remove  any  teacher  upon  manifest  neglect  of  duty,  or  upon 
violation  of  his  or  her  contract ;  to  appoint  a  collector  for  the  said  district 
schools  ;  to  make  out  rate  bills  and  exempt  indigent  children  therefrom  ;  to 
select  and  introduce  uniform  class  books  into  said  schools ;  to  supply  indi-  - 
gent  pupils  with  said  class  books,  by  using  and  appropriating  for  that  pur 
pose  a  portion  of  the  library  money,  not  exceeding  three  hundred  dollars  in 
any  one  year  ;  to  appropriate  and  use,  for  the  purpose  of  keeping  in  repair 
the  several  libraries  of  said  district  schools,  for  increasing  the  same,  and  for 
piii-chasing  maps  and  apparatus  for  said  schools,  a  farther  portion  of  said  li 
brary  money,  not  exceeding  three  hundred  dollars  annually  ;  to  provide  for 
the  instruction  of  the  pupils  of  said  district  schools  in  vocal  music,  by  ap 
propriating  a  farther  portion  of  said  library  money,  not  exceeding  four  hun 
dred  dollars  annually  ;  to  secure,  with  whatever  may  remain  unexpended  of 
said  library  money,  the  education  of  such  number  of  indigent  pupils  from 
said  district  schools,  in  either  of  the  academies  or  in  any  normal  school  of 
said  city,  by  paying  for  their  tuition  therein,  as  the  common  council  of  said 
city  may  sanction  ;  but  all  children  so  e  lucated  shall  have  been  members  of 
said  district  schools  for  at  least  two  years  ;  and  neither  of  such  academies 
shall  receive  from  the  distribution  of  the  literature  fund,  any  sum  for  or  on 
account  of  such  pupils  ;  and  such  academies  shall,  in  their  annual  report  to 
the  regents  of  the  university,  state  the  number  of  such  pupils  taught  there 
in  ;  and  no  portion  of  said  unexpended  money  shall  be  so  appropriated  un 
til  the  ordinary  expenses  of  said  district  schools  for  libraries  and  tuition  are 
first  satisfied ;  to  visit  the  district  schools  as  often  as  once  a  quarter ;  to 
hold  a  meeting  of  the  board  once  a  month,  and  at  the  quarterly  meetings  of 
said  board  to  require  the  presence  and  reports  of  the  several  principal 
teachers  of  said  schools ;  to  make  a  semi-annual  report  of  all  the  acts  of 
said  board  to  the  common  council,  and  to  make  and  publish  an  annual  report 
in  two  of  the  daily  papers  of  said  city  ;  and  generally  to  possess  the  pow 
ers,  discharge  the  duties  and  be  subject  to  all  of  the  obligations  of  the  sev 
eral  trustees  and  other  school  officers  of  the  said  city  of  Albany,  as  granted 
and  imposed  by  the  several  acts  now  in  force  in  relation  to  said  district 
schools  of  said  city. 

§  5.  The  board  of  commissioners  shall  have  power,  and  it  shall  be  their 
duty,  to  make  such  by-laws  and  regulations  as  may  be  necessary  for  the  pros 
perity,  good  order  and  sound  discipline  of  said  district  schools  ;  for  the  se 
curity  and  preservation  of  the  school-houses  and  other  property  belonging 
to  said  districts  ;  and  generally  to  cany  into  effect  the  provisions  of  the  sev 
eral  school  acts  of  said  city  ;  and  when  said  by-laws  and  regulations  are 
sanctioned  by  the  persons  authorized  by  this  act  to  appoint  said  commission 
ers,  they  shall  take  effect,  and  not  before. 

§  6.  All  school  moneys  whatsoever,  belonging  to  said  district  schools, 
whether  received  from  the  State,  raised  by  tax,  or  collected  on  school  rates, 
shall  be  deposited  with  the  Chamberlain  of  said  city,  until  drawn,  from 


time  to  time,  by  duly  certified  orders  of  said  Board  of  Commissioners  ;  and 

all  set  forth  the  obj< 
officers  of  said  board.     Provided  always,  that  nothing  in  this  act  shall  be  so 


said  orders  shall  set  forth  the  object  of  each  payment,  and  be  signed  by  the 


construed  as  to  authorize  said  board  to  incur  any   obligation  that  shall  in 
crease  the  taxes  of  said  city. 

[Laws  of  1845.     Chap.  245.] 

§  1.  The  Board  of  Commissioners  of  the  Albany  district  schools  are  hereby 
authorized  to  apply  any  library  money,  not  expended  under  the  fourth  sec 
tion  of  the  act  entitled,  "  An  Act  amendatory  to  the  several  acts  relating  to 
district  schools  in  the  citv  of  Albany,''  passed  April  8,  1844,  either  to  th* 
payment  of  teachers'  wages,  or  to  the  contingent  expenses  of  the  district 
schools  of  said  city. 


281 

[Zawso/1837.     Chap.  21  8.] 

§  9.     The  school  buildings  and  lots  on  which  the  same  are  erected,  HOT 
belonging  to,  or  that  may  hereafter  belong  to  any  school  district  in  said  city 
of  Albany,  shall  be  exempt  from  all  taxes  or  assessments. 
[Laws  of  1837.     Chap.  358.] 

§  2.  The  Commissioners  of  common  schools  shall  apportion  annually,  on 
the  returns  of  qualified  teachers,  for  the  instruction  of  the  children  in  the 
Albany  Orphan  Asylum  for  destitute  children,  their  proportion  of  the  pub 
lic  money  for  the  support  of  schools  ;  which  money,  when  so  apportioned 
and  paid  to  the  trustees  of  the  district,  shall  be  paid  to  such  teachers  for 
teachers'  wages. 

[Laws  of  1837.     Chap.  369.] 

§  9.  The  Supervisors  of  the  county  of  Albany,  at  their  annual  meeting 
in  each  year,  shall  cause  a  sum  of  money,  equal  to  twice  the  amount  of  the 
money  apportioned  to  the  city  from  the  common  school  fund,  together  with 
collector's  fees,  to  be  raised,  levied  and  collected  in  the  same  manner  that 
other  taxes  are  raised,  levied  and  collected  ;  and  when  so  raised,  to  be  paid 
to  the  Chamberlain,  for  the  support  of  common  schools  in  the  city  of  Alba 
ny,  to  be  apportioned  and  distributed,  as  now  provided  for  by  law. 

§  2.  All  moneys  apportioned  by  the  commissioners  of  common  schools 
to  the  trustees  of  a  district  which  shall  have  remained  in  the  hands  of  the 
Chamberlain  for  one  year  after  such  apportionment,  by  reason  of  the  trus 
tees  neglecting  or  refusing  to  receive  the  same,  shall  be  added  to  the  moneys 
next  thereafter  to  be  apportioned  by  the  commissioners,  and  shall  be  appor 
tioned  and  paid  therewith  and  in  the  same  manner. 

§  3.  No  school  district  now  formed,  or  hereafter  to  be  formed,  east  of 
Perry  street,  shall  have  power  to  hold  a  district  school  meeting,  to  vote  a 
tax,  or  to  do  any  act  as  a  district  meeting  ;  nor  shall  have  power  to  sell  or 
dispose  of  the  district  property,  without  a  legislative  enactment. 

AUBURN. 

[Laws  of  1850.     Chap.  349.] 

§  1.  Title  eight  of  an  act  to  incorporate  the  city  of  Auburn,  passed  March 
21^1848,  is  hereby  repealed. 

§  2.  The  offices  of  the  several  trustees,  clerks,  collectors  and  librarians  of 
school  districts,  in  the  city  of  Auburn,  shall  cease  on  the  third  Tuesday  in 
April,  one  thousand,  eight  hundred  and  fifty,  in  like  manner  as  if  the  same 
had  expired  by  lapse  of  time.  The  inhabitants  of  said  city,  qualified  to 
vote  at  school  district  meetings,  shall  assemble  in  their  respective  school  dis 
tricts  on  the  day  last  mentioned,  at  the  school  house  in  such  district,  and 
choose  one  trustee  and  a  clerk  of  the  district,  who  shall  hold  their  respect 
ive  offices  until  the  next  annual  district  meeting  in  the  district,  for  which 
they  shall  be  respectively  chosen,  and  until  their  successors  shall  have  been 
.  severally  chosen.  Such  annual  district  meeting  shall  hereafter  be  holden  in 
the  several  districts  in  said  city,  on  the  second  Monday  in  March  in  each 
year ;  and  from  and  after  the  passage  of  this  act,  only  one  trustee  shall 
be  chosen  annually  in  any  school  district  in  said  city. 

§  3.  The  trustee  elected  in  any  district  in  said  city,  shall  have  the  power 
and  it  shall  be  his  duty,  to  call  special  meetings  of  the  inhabitants  of  such 
districts  liable  to  pay  taxes,  whenever  he  shall  deem  it  necessary  or  proper 
to  give  notice  of  special,  annual  and  adjourned  meetings,  in  the  manner  pre 
scribed  in  this  act,  if  there  be  no  clerk  of  the  district,  or  he  be  absent  or  in 
capable  of  acting,  or  shall  refuse  or  neglect  to  give  such  notice  ;  to  visit  the 
schools  kept  in  the  district  as  often  as  once  ir  each  quarter,  and  to  report  the 
condition  of  the  same,  with  such  suggestions  for  the  improvement  thereof  as 
he  may  deem  proper,  to  the  board  of  education  hereinafter  named,  and  to 
perform  such  other  duties  as  may  be  from  time  to  time  imposed  upon  him 
by  the  said  board  of  education. 


282 

§  4.  It  shall  be  sufficient  notice  of  an  annual,  special,  adjourned  or  first 
district  meeting,  to  affix  such  notice  on  the  outer  door  of  the  district  school 
house,  if  there  be  any,  and  to  post  a  copy  of  the  same  in  three  other  public 

E  laces  in  such  district — the  affixing  and  posting  of  such  notice  to  be  done  at 
>ast  ten  days  before  such  meeting,  and  110  other  notice  of  any  such  meeting 
need  be  given. 

§  5.  It  shall  be  the  duty  of  the  clerk  of  each  school  district  to  record 
the  proceedings  of  his  district  in  a  book  to  be  provided  for  that  purpose  by 
the  said  board  of  education  ;  to  give  notice  in  the  manner  provided  in  the 
last  preceding  section,  of  the  time  and  place  of  every  annual  district  meet 
ing  or  special  district  meetings,  when  ordered  by  the  trustees  of  the  district, 
and  of  any  adjourned  district  meeting,  when  the  same  shall  be  adjourned  for 
a  longer  period  than  one  month  ;  to  keep  and  preserve  all  records,  books  and 
papers  belonging  to  his  office,  and  to  deliver  the  same  to  his  successor  in  of 
fice. 

§  6.  Any  vacancy  in  the  office  of  district  clerk  may  be  supplied  by  the 
trustee  of  the  district  in  which  such  vacancy  shall  happen,  but  the  person 
appointed  to  supply  such  vacancy  shall  hold  the  office  only  for  the  unexpired 
term. 

§  7.  The  term  of  office  of  the  superintendent  of  common  schools  in  said 
city  shall  cease  on  the  third  Tuesday  of  April,  one  thousand  eight  hundred 
and  fifty,  in  the  same  manner  as  if  the  same  had  expired  by  lapse  of  time. 
The  common  council  of  said  city,  at  the  last  regular  meeting  thereof,  next 
preceding  the  third  Tuesday  of  April  next,  shall  appoint  by  ballot  a  super 
intendent  of  common  schools .  who  shall  hold  his  office  until  the  second  Mon 
day  of  March,  one  thousand,  eight  hundred  and  fifty  -two.  The  common 
council  of  said  city,  at  the  annual  meeting  thereof,  held  on  the  second  Mon 
day  of  March,  1852,  and  as  often  thereafter  as  the  term  of  office  of  such  su 
perintendent  of  common  schools  shall  expire,  shall  appoint  a  superintendent 
of  common  schools  for  said  city,  who  shall  hold  his  office  for  two  years,  and 
until  a  successor  shall  be  appointed.  The  superintendent  of  common  schools 
so  appointed,  shall  possess  all  the  powers  and  be  subject  to  all  the  duties  and 
responsibilities  of  superintendents  of  common  schools  in  towns,  so  far  as  the 
same  are  applicable,  except  as  otherwise  provided  in  this  act ;  in  case  of  a 
vacancy  in  such  office,  the  common  council  of  said  city  shall  supply  the  same 
by  appointment,  for  the  unexpired  term. 

§  8.  The  common  council  of  said  city  shall,  at  the  last  regular  meeting 
thereof,  next  preceding  the  third  Tuesday  of  April,  one  thousand  eight  hun 
dred  and  fifty,  appoint  one  school  commissioner  in  each  of  the  wards  of  said 
city,  who  shall  be  residents  of  the  wards  for  which  they  are  respectively  ap 
pointed;  immediately  upon  the  appointment  of  such  school  commissioners, 
the  city  clerk  shall,  in  the  presence  of  the  common  council,  divide  them  by 
lot  into  four  classes,  to  be  numbered  one,  two,  three,  four.  The  term  of  of 
fice  of  the  first  class  shall  expire  on  the  first  Monday  succeeding  the  first 
Tuesday  in  April,  1851 ;  the  second  class  in  one  year  thereafter;  the  third 
in  two  year!?,  and  the  fourth  in  three  years,  and  one  commissioner  only  shall 
thereafter  be  annually  appointed,  who  shall  be  appointed  at  the  annnal  meet 
ing  of  the  common  council,  held  on  Monday  next  succeeding  the  annual  elec 
tion,  and  who  shall  be  a  resident  of  the  same  ward  with  the  school  commis- 
aioner  whose  term  of  office  shall  then  expire,  who  shall  hold  his  office  for 
four  years,  and  until  a  successor  shall  be  duly  appointed  In  case  of  a  va 
cancy  in  the  office  of  either  of  the  commissioners,  the  common  council  shall 
appoint  a  successor,  who  shall  be  a  resident  of  the  ward  in  which  such  vacan 
cy  shall  occur,  for  the  unexpired  term. 

§  9.  The  trustees  of  the  several  school  districts  so  elected,  and  the  school 
commissioners  so  appointed,  together  with  the  mayor  and  superintendent  of 
schools  of  said  city,  shall  constitute  and  are  hereby  denominated  the  board 
of  education  for  the  city  of  Auburn.  They  shall  meet  on  the  first  Tuesday 
of  each  and  every  month,  and  as  much  oftener  as  they  shall  from  time  to 
time  appoint.  A  majority  of  the  said  board  shall  constitute  a  quorum  for 


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the  transaction  of  business.  f  The  mayor  shall  he  the  president  of  surh  board 
and  shall  have  power  to  call  special  meetings  thereof,  in  the  manner  pro 
vided  by  law  for  calling  special  meetings  of  the  common  council.  In  the 
absence  of  the  mayor,  the  said  board  shall  appoint  some  other  member  to 
preside  at  such  meetings,  and  perform  the  duties  of  the  president.  The  su 
perintendent  of  common  schools  shall  be  the  clerk  of  such  board  ;  he  shall 
attend  the  meetings  and  keep  a  record  of  the  proceedings  of  the  said  board  ; 
he  shall  possess  all  the  powers  and  be  required  to  perform  all  the  duties,  in 
reference  to  the  schools  of  said  city,  of  town  superintendents  of  common 
schools,  except  as  otherwise  in  this  act  provided,  and  shall  perform  such 
other  duties  as  the  said  board  shall  from  time  to  time  prescribe. 

§  10.  The  board  of  education  shall  fix  the  compensation  of  the  superin 
tendent  of  common  schools,  for  his  services  as  clerk  of  such  board,'  not  ex 
ceeding  one  hundred  dollars  per  yetfr,  and  for  such  other  services  as  he  may 
perform  otherwise  than  as  such  clerk,  he  shall  be  entitled  to  the  same  com 
pensation  as  provided  by  law  for  town  superintendents  of  schools  f'  r  similar 
services,  and  his  account  therefor  shall  be  audited  by  such  board  and  paid  by 
the  city  treasurer,  out  of  the  moneys  in  this  act  specified  as  the  common 
school  fund,  and  not  otherwise. 

§  11.  The  said  board  of  education  shall  possess  all  the  powers  conferred 
by  law  upon  town  superintendents  of  common  schools,  as  to  the  formation 
and  alteration  of  school  districts  within  s?aid  city,  except  that  in  arranging 
such  districts,  no  territory  without  the  limits  of  said  citv  shall  be  included, 
nor  shall  any  territory  within  said  city  belong  to  or  be  taxed  in  any  school 
district  of  any  adjoining  town ;  and  shall  possess  all  the  powers  and  be  sub 
ject  to  all  the  duties  and  responsibilities  of  trustees  of  common  schools  in 
towns,  as  to  the  several  common  or  district  schools  within  said  city,  so  far  as 
the  same  are  applicable,  except  as  otherwise  in  this  act  provided,  and  shall 
have  the  custody  of  all  the  property,  real  and  personal,  belonging  to  or  own 
ed  by  the  several  school  districts,  and  shall  pay  the  compensation  of  the 
teachers  of  the  said  schools,  and  all  other  necessary  and  contingent  expenses 
incurred  in  the  support  thereof;  and  shall  appoint  librarians  to  take  charge 
of  the  several  district  libraries,  who  shall  be  subject  to  the  control  and  hold 
their  offices  during  the  pleasure  of  such  board  ;  and  shall  have  the  power 
and  it  shall  be  their  duty  to  pass  such  by-laws  and  ordinances  for  the  regula 
tion,  government,  control  and  management  of  the  common  schools  in  said  city, 
and  of  the  teachers  and  pupils  of  such  schools,  and  of  the  officers  of  the  sev 
eral  school  districts  in  said  city,  and  for  the  safe-keeping,  disposition  and  man 
agement  of  the  libraries,  maps  and  apparatus  appertaining  to  such  schools, 
and  to  regulate  the  text  books  used  in  such  schools,  as  they  shall  deem  expe 
dient  ;  and  said  board  may  prescribe  a  penalty  for  a  violation  of  any  ordi 
nance  or  by-law  authorized  by  this  act,  not  exceeding  ten  dollars ;  and  any 
such  penalty  may  be  sued  for  and  recovered  with  costs,  in  the  name  of  the 
mayor  and  common  council  of  the  city  of  Auburn ;  and  the  said  board  may 
subject  the  parent  or  guardian  of  any  minor,  and  the  master  or  mistress  of 
any  apprentice  or  servant,  to  any  such  penalty  for  a  violation  of  any  such  or 
dinance  or  by-law,  by  any  such  minor,  apprentice  or  servant. 

§12.  All  penalties  collected  by  virtue  of  this  act  shall  be  paid  to  the 
city  treasurer,  and  by  him  deposited  to  the  credit  of  the  common '  school 
fund. 

§  13.  The  clerk  of  the  board  of  education  shall  keep  a  record  of  all  by 
laws  and  ordinances  which  shall  be  passed  by  said,  board,  and  the  same  shall 
be  published  and  take  effect,  and  be  proved  and  read  in  evidence,  in  like  man 
ner  as  ordinances  passed  by  the  common  council  of  the  city  of  Auburn ;  a  rec 
ord  or  entry  made  by  the  s*aid  clerk  at  the  time  of  the  first  publication  of 
any  ordinances,  or  a  copy  thereof  duly  certified  by  him,  or  the  affidavit  of  the 
printer  or  publisher,  shall  be  presumptive  evidence  of  the  publication  thereof, 
in  all  courts  and  places. 

§  14.  Whenever  the  inhabitants  of  any  school  district  shall,  by  vote,  de 
termine  to  build  a  school-house,  it  shall  be  the  duty  of  the  said  board  of  edu- 


284 

\ 

cation  to  fix  the  site  of  the  said  school  house,  and  determine  the  sum  neces 
sary  to  be  raised  for  the  purchase  of  such  site  and  the  building  of  said  school 
house,  and  report  the  same  to  the  common  council,  which  sum  shall  in  no 
case  exceed  the  sum  of  three  thousand  dollars. 

§  15.  It  shall  be  the  duty  of  the  common  council  to  levy  and  raise  upon 
the  said  district  the  sum  so  reported,  pursuant  to  the  last  section,  in  the  same 
manner  as  the  general  taxes  of  the  city  are  levied  or  raised,  except  that  the 
same  shall  be  collected  on  a  separate  warrant,  and  when  the  same  shall  be 
collected  it  shall  be  paid  to  the  city  treasurer,  and  deposited  to  the  credit  of 
the  board  of  education  ;  and  no  part  thereof  shall  be  appropriated  by  said 
board  otherwise  than  for  the  purchase  and  improvement  of  such  site  and  the 
erection  of  such  school-house,  with  the  appurtenances. 

§  16.  The  said  board  of  education  shall  annually,  orl  or  before  the  first 
day  of  June,  fix  and  determine,  and  certify  and  report  to  the  common  council, 
the  amount  of  money  which,  when  added  to  the  money  annually  apportioned 
to  the  city  of  Auburn,  or  to  the  several  school  districts  comprised  therein, 
out  of  the  funds  belonging  to  the  state,  shall  be  necessary  to  defray  the  ex.- 
penses  of  all  the  common  or  district  schools  in  said  city  for  the  ensuing  year, 
for  fuel,  furniture,  school  apparatus,  repairs  and  insurance  of  school-house, 
teachers'  wages  and  contingent  expenses,  and  also  to  defray  the  expenses  of  a 
school  for  colored  children,  as  hereinafter  provided  ;  and  to  pay  the  compen 
sation  of  the  clerk  of  the  board  of  education,  and  the  contingent  expenses  of 
such  board.  The  amount  so  certified  shall  in  no  case  exceed  five  times  the 
amount  which  shall  have  been  apportioned  out  of  the  funds  belonging  to  the 
state  as  aforesaid,  for  the  year  next  preceding. 

§  \1.  The  common  council  of  the  said  city  shall  annually  levy  and  raise 
the  amount  of  money  so  certified  and  reported  by  the  board  of  education, 
and  the  said  amount  so  to  be  raised  shall  be  levied  and  collected  at  the  same 
time  and  in  the  same  manner  as  the  other  general  taxes  of  the  said  city  are 
levied  and  raised,  and  in  addition  thereto  ;  but  the  warrant  issued  to  the  col 
lector  for  the  collection  of  such  taxes  shall  specify  what  amount  of  such 
taxes  shall  be  paid  to  the  treasurer  for  general  city  purposes,  and  what  part 
as  a  fund  for  the  support  of  schools. 

§18.  All  moneys  levied  and  raised  for  the  support  of  common  schools, 
together  with  the  public  money  received  from  the  state,  shall  be  paid  to  the 
treasurer  of  the  city  of  Auburn,  and  shall  by  him  be  kept  separate  and  dis 
tinct  from  the  other  moneys  of  said  city,  and  shall  be  known  and  distinguish  • 
ed  as  the  common  school  fund,  and  shall  be  paid  out  by  the  treasurer,  only 
upon  an  order  drawn  upon  him.  and  signed  by  the  president  and  countersign 
ed  by  the  clerk  of  said  board  of  education  ;  and  no  such  order  shall  be 
drawn  except  by  virtue  of  a  resolution  of  the  board.  Such  order  shall  spec 
ify  for  what  purpose  the  amount  specified  therein  is  to  be  paid,  and  the  clerk 
of  such  board  shall  keep  an  accurate  account,  under  the  appropriate  heads 
of  expenditure,  of  all  orders  drawn  on  the  treasury,  in  a  check  book,  to  be 
kept  by  him  for  that  purpose. 

§  1 9.  The  board  of  supervisors  of  Cayuga  county  shall  not  have  power 
to  levy  any  tax  upon  the  city  of  Auburn,  for  the  support  or  on  account  of 
common  schools. 

§  20.  The  said  board  of  education  shall  exclusively  audit  all  accounts 
and  claims  against  any  school  district,  or  which  have  accrued  on  account  of 
any  district  school  in  said' city,  and  the  payment  of  the  same  or  of  such  parts 
thereof  as  shall  be  allowed  by  the  said  board,  shall  be  made  directly  to  such 
claimants  by  the  city  treasurer,  out  of  the  moneys  belonging  to  the  common 
school  fund,  upon  the  order  of  said  board,  as  hereinbefore  provided  ;  but  the 
aggregate  of  the  expenditures  and  contracts  of  the  said  board  during  any 
year  shall  not  exceed  the  amount  of  moneys  which  shall  be  subject  to  their 
order  during  the  then  current  year. 

f  §  21.  Whenever,  from  the  annual  estimate  presented  to  the  common  coun 
cil  by  said  board  of  education,  it  shall  appear  that  the  expenses  of  any  school 
district  for  the  ensuing  year,  exclusive  of  teachers'  wages,  will  exceed  the 


285 

sum  of  fifty  dollars,  the  common  council  may,  in  their  discretion,  order  the 
amount  of  such  excess  to  be  levied  and  assessed  upon  and  collected  from 
such  district,  in  the  manner  hereinbefore  provided  for  raising  moneys  to 
build  a  school  house ;  and  such  moneys,  when  so  collected,  shall  be  paid  to 
the  city  treasurer,  and  be  by  him  placed  to  the  credit  of  the  said  board  of 
education,  and  shall  by  said  board  be  expended  solely  for  the  benefit  of 
such  district. 

§  22.  The  said  board  of  education  shall  have  power  to  establish  and 
cause  to  be  kept  in  said  city,  a  school  for  the  instruction  of  colored  children, 
aa  they  shall  deem  expedient,  and  the  said  board  shall  have  and  exercise  all 
the  powers  in  relation  to  such  school,  of  trustees  of  school  districts  in  towns, 
•o  far  as  applicable.  . 

§  23.  Whenever  the  said  board  of  education  shall  determine  to  establish 
a  school  for  the  instruction  of  colored  children,  they  shall  make  an  estimate 
of  the  expense  of  erecting  a  suitable  school-house  therefor,  and  deter 
mine  the  site  thereof,  and  report  such  proceedings  to  the  common  coun 
cil. 

§  24.  The  common  council  shall  have  power  to  raise  by  general  tax,  in 
the  manner  hereinbefore  provided,  and  on  a  separate  warrant,  or  in  addition 
to  the  general  city  tax,  such  sum  as  shall  be  necessary  to  purchase  such  site 
and  build  such  school-house,  not  exceeding  three  thousand  dollars  ;  or,  tho 
said  common  council  may  refuse  to  raise  such  tax.  In  case  the  common 
council  shall  refuse  to  raise  such  tax,  the  said  board  of  education  shall  have 
power  to  provide  and  lease  a  suitable  room  or  building,  for  the  accommoda 
tion  of  such  school,  but  the  annual  expenditure  for  this  purpose  shall  not  ex 
ceed  the  sum  of  one  hundred  dollars — the  same  to  be  paid  from  the  common 
school  fund. 

§  25.  All  teachers  of  common  schools  in  said  city  shall  be  employed  by 
the  city  superintendent  of  common  schools,  and  the  trustees  of  the  district 
for  which  such  teacher  or  teachers  shall  be  employed  ;  but  no  appointment 
or  employment  of  any  such  teacher  shall  be  valid  beyond  the  first  regular 
meeting  of  the  board  of  education  thereafter,  unless  such  appointment  shall 
be  approved  by  such  board  ;  and  all  contracts  made  with  teachers  by  said 
•uperintendeut  and  any  trustee,  shall  be  subject  to  the  provisions  of  this 
act ;  and  such  contract  shall  cease  to  be  binding  on  the  rejection  of  such 
teacher  by  the  board  of  education. 

§  26.  The  said  board  of  education  may  remove  any  teacher  for  cause,  to 
be  specified  in  the  minutes  of  the  proceedings  of  the  said  board  ;  and  in 
case  of  any  such  removal,  any  contract  with  any  such  teacher  shall  cease, 
and  another  teacher  shall  be  employed  in  the  manner  provided  in  the  last 
preceding  section. 

§  27.  To  the  first  annual  estimate  of  school  expenses  presented  by  the 
board  of  education  to  the  common  council,  the  said  board  shall  add  the  pres 
ent  indebtedness  of  every  school  district  within  said  city,  for  any  of  the 
causes  specified  in  section  (16)  sixteen  of  this  act,  or  which  may  necessarily 
accrue  therefor,  previous  to  the  time  of  presentation  of  such  first  estimate, 
and  such  additional  amount  shall  be  raised  in  like  manner  as  the  other  mon 
eys  stated  in  said  estimate,  and  shall  be  paid  into  and  compose  a  part  of  tho 
common  school  fund  ;  and  the  said  board  shall  assume  and  pay  such  indebt 
edness  out  of  the  monies  so  received. 

§  28.  The  said  board  of  education  shall  annually  publish  in  some  news 
paper  in  said  citv,  a  statement  of  the  number  of  common  schools  in  said 
city,  and  the  number  of  pupils  instructed  therein,  the  total  amount  of  mon 
eys  received  for  school  purposes,  with  the  sources  thereof,  and  the  expendi 
tures  on  aecoiint  of  each  school,  specifying  as  near  as  may  be  the  items  of 
such  expenditures. 

§  29.  An  appeal  may  be  taken  to  the  state  superintendent  of  common 
schools  from  any  proceeding  of  the  said  board  of  education,  in  the  formation 
or  alteration  of  any  school  district,  in  the  same  manner  and  for  the  same 


286 

causes  as  appeals  may  be  taken  from  the  proceedings  of  town  superintend 
ents  of  common  schools. 

§  30.  All  titles  taken  to  real  estate  to  be  used  for  school  purposes,  with 
the  exception  of  a  site  for  a  school  house  for  colored  children,  shall  be  taken 
in  the  name  of  the  trustees  of  the  district  in  -which  such  real  estate  shall  be 
situated,  in  his  official  name  ;  and  any  real  estate  now  or  hereafter  owned 
by  any  school  district,  may  be  sold  by  the  trustees  of  such  district,  upon  a 
vote  of  the  inhabitants  of  said  district,  and  with  the  approval  of  the  said 
board  of  education  ;  and  the  avails  of  such  real  estate  shall  be  paid  to  the 
city  treasurer,  and  be  by  him  placed  to  the  credit  of  the  board  of  educa 
tion,  and  by  said  board  appropriated  exclusively  to  the  benefit  of  such  dis 
trict. 

§  31.  The  treasurer  and  collector  of  the  city  of  Auburn  shall  respective 
ly,  with  their  sureties  be  liable  on  their  official  bonds  for  any  default,  de- 
linquencv,  neglect  or  misconduct  in  the  duties  with  which  they  may  be  re 
spectively  charged,  under  and  by  virtue  of  this  act,  in  the  same  manner  and 
with  the  like  effect  as  for  any  other  official  default,  delinquency,  neglect  or 
misconduct. 

§  32.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  re 
pealed. 

§  33.     This  act  shall  take  effect  immediately. 

BROOKLYN. 

[Lam  of  1850.     Chap.  143.] 

§  1.  The  common  council  of  the  city  of  Brooklyn  shall,  on  the  first  Mon 
day  of  February  after  this  act  becomes  a  law,  appoint  thirty-three  persons, 
residents  of  said  city,  one  of  whom  at  least  shall  reside  in  each  school  dis 
trict  thereof,  who  together  shall  constitute  a  board  of  education.  It  shall 
then  divide  the  said  board  into  three  equal  classes,  each  class  containing 
eleven  members,  and  shall  determine  by  lot  their  respective  terms  of  office, 
so  that  the  first  class  shall  serve  one  year,  the  second  two  years,  and  the 
third  three  years.  In  each  year  thereafter,  the  said  common  council  shall 
appoint  eleven  members  of  said  board,  care  being  had  to  preserve  the  rep 
resentation  of  at  least  one  member  from  each  school  district,  wrhose  term  of 
office  shall  continue  three  years :  and  in  case  a  vacancy  shall  at  any  time 
occur  in  said  board,  the  said  council  shall  supply  the  same.  The  persons  so 
appointed  shall  be  re-eligible,  and  shall  hold  office  until  their  successors  are 
appointed  and  shall  have  qualified. 

§  2.  The  board  of  education  shall  have  the  entire  charge  and  direction 
of  all  the  public  schools  of  said  city,  and  of  the  school  moneys  raised  for 
the  support  of  the  same,  and  shall  possess  the  powers  and  be  subject  to  the 
general  duties  of  trustees  of  common  schools  in  this  state,  so  far  as  the  same 
are  not  impaired  or  affected  by  this  act.  It  shall  annually  choose  a  presiding 
officer,  make  its  own  by  laws,  keep  a  journal  of  its  proceedings,  define  the 
duties  of  its  officers  and  committees,  and  prescribe  such  rules  and  regula 
tions  for  instruction  and  discipline  in  the  said,  public  schools  as  are  not  in 
consistent  with  the  laws  of  the  state  ;  and  all  the  provisions  of  the  act  re 
lating  to  resignations  and  expulsions  in  the  common  council  shall  be  appli 
cable  to  the  board  of  education. 

§  3 .  The  whole  city  shall  be  a  school  district  for  all  purposes  of  taxation 
as  well  for  the  purchase  of  school  sites  and  the  building  and  repairing  of 
school  houses,  as  for  the  annual  support  of  schools  ;  but  shall  be  divided  by 
the  board  of  education  into  as  many  districts  as  there  are  schools,  for  the 
purpose  of  determining  the  limits  within  which  children  may  attend  such 
schools. 

§  4.  The  board  of  education  shall  have  power  to  organize  and  establish 
schools  for  colored  children,  and  such  evening  schools  as  it  may,  from  time 
to  time,  deem  expedient,  and  shall  adopt  the  necessary  rules  for  the  govern- 


287 

ment  of  the  same.  It  may  make  use  of  the  public  school  houses  under  its 
charge  for  such  evening  schools,  and  the  expenses  of  said  schools  shall  be 
paid  out  of  the  general  fund,  in  the  same  manner  as  those  of  the  other  pub 
lic  schools.  No  person  shall  be  prohibited  from  attending  the  evening  schools 
on  account  of  age. 

§  6.  The  board  of  education  shall  appoint  a  city  superintendent  of  com 
mon  schools,  who  shall,  ex-officio,  be  the  secretary  of  the  board.  In  addi 
tion  to  such  other  duties  as  may  be  devolved  upon  him  by  the  board,  in  the 
visitation  and  superintendence  of  the  schools,  he  shall  examine  the  qualifi 
cations  of  teachers  and  grant  certificates,  in  such  manner  and  form  as  may 
be  prescribed  by  the  state  superintendent,  which  shall  not  be  in  force  long 
er  than  a  year,  and  may  at  any  time  be  revoked  by  the  board  of  education. 
He  shall  also  make  such  annual  and  other  reports  of  the  condition  of  the 
schools  and  of  other  matters  as  may  be  required  by  law  or  by  the  said 
board.  He  shall  be  paid  a  salary  out  of  the  general  fund,  to  be  fixed  by 
the  board,  and  may  be  removed  from  office  by  the  vote  of  a  majority  of  all 
the  members  of  the  board  of  education. 

§  6.  The  treasurer  of  the  city  shall  be,  ex-officio,  the  treasurer  of  the 
board  of  education,  and  shall  receive  to  the  credit  of  said  board,  from  the 
county  treasurer,  the  amount  of  school  money  to  which  the  city  is  entitled 
from  the  state  appropriation,  together  with  such  amount  as  is  raised  by  the 
board  of  supervisors  to  entitle  the  city  to  its  distributive  share  of  the  school 
moneys  of  the  state,  and  from  the  city  collector  the  money  raised  by  tax  for 
the  support  of  schools ;  and  he  shall  disburse  the  same  only  by  the  order 
and  upon  the  warrant  of  the  board  of  education,  drawn  in  favor  of  the  per 
son  entitled  to  payment,  signed  by  the  presiding  officer  of  the  board,  and 
countersigned  by  its  secretary. 

§  7.  The  treasurer  shall  give  such  bonds  for  the  faithful  performance  of 
his  duty  as  the  common  council  may  require,  and  shall  report  monthly  to 
the  board  of  education  his  receipts  and  expenditures,  with  the  balance  re 
maining  on  hand  to  the  credit  of  the  board,  and  such  other  information 
in  relation  thereto  as  the  board  of  education  may,  from  time  to  time,  re 
quire. 

§  8.  The  board  of  education  shall  provide  for  taking  an  annual  census  of 
all  the  children  of  the  city,  on  the  thirty-first  day  of  December  in  each  year, 
between  the  ages  of  five  and  sixteen  years  inclusive,  which  enumeration, 
with  such  statistical  and  other  information  as  may  be  required  by  law,  shall 
be  included  in  the  report  of  the  city  superintendent,  required  in  a  previous 
section. 

§  9.  The  board  of  education  shall  present,  annually,  on  or  before  the  first 
Monday  in  February,  to  the  common  council,  an  estimate  of  the  money  re 
quired  to  be  raised  in  the  ensuing  year  for  the  support  of  the  schools,  and 
'  for  the  purchase  of  school  sites,  as  well  as  for  the  building  and  repairing  of 
school-houses  ;  and  the  common  council  shall  determine  what  sums  shall  be 
raised  for  such  purposes,  respectively,  in  addition  to  the  amount  already  re 
quired  by  law,  in  order  to  entitle  the  city  to  its  distributive  share  of  the  state 
school  money. 

§  10.  The  amount  of  money  to  be  raised  for  the  support  of  schools  in 
any  one  year,  exclusive  of  the  sums  required  to  purchase  sites  and  to  build 
and  repair  school-houses,  as  well  as  to  entitle  the  city  to  its  share  of  the  state 
school  money,  shall  not  be  less  than  one  dollar  and  twenty-five  cents,  nor 
more  than  one  dollar  and  seventy -five  cents  for  each  child  between  the  ages 
of  five  and  sixteen  years  within  the  city — as  ascertained  by  the  previous 
census,  herein  required  to  be  taken  on  the  thirty -first  day  of  December  in 
each  year. 

§11.  The  several  amounts  so  determined  by  the  common  council  to  be 
raised  as  aforesaid,  shall  be  levied  upon  all  the  taxable  property  of  the  city, 
in  the  same  manner  and  at  the  same  time  as  the  taxes  for  city  purposes,  and 
shall  be  stated  and  sent  to  the  board  of  county  supervisors  to  be  levied  and 
collected  accordingly. 


288 

§  12.  The  board  of  supervisors,  in  their  warrant  to  the  collector,  shall  di 
rect  him  to  pay  the  amount  so  to  be  collected  to  the  treasurer  of  the  city,  to 
the  credit  of  the  board  of  education,  out  of  the  first  moneys  collected. 

§  13.  It  shall  be  the  duty  of  the  first  board  of  city  assessors  elected  after 
this  law  shall  take  effect,  to  estimate  the  value  of  the  school  property  of  each 
school  district  as  heretofore  existing,  and  certify  the  same  to  the  board  of 
supervisors.  The  supervisors  shall  thereupon,  proceed  to  equalize  the  said  val 
ue  by  assessing  the  aggregate  amount  thereof  upon  the  whole  city,  and  cred 
iting  each  school  district  on  account  of  its  general  tax,  with  the  value  of  ita 
separate  school  property,  and  its  special  school  taxes  already  laid  and  in  pro 
gress  of  collection. 

§  14.  The  board  of  education  shall  determine  the  number  and  location 
of  schools ;  but  no  expenditures  for  the  purchase  of  ground  or  tke  erection  of 
school-houses  shall  hereafter  be  made,  unless  the  same  shall  have  been  ap 
proved  of  by  the  common  council.  Such  approval  shall  be  deemed  to  have 
been  given  when  the  tax  therefor  shall  be  approved  by  the  common  council, 
and  levied  by  the  supervisors  ;  or  it  may  be  specially  given  upon  the  appli 
cation  of  the  board  of  education  to  make  such  expenditure,  in  anticipation  of 
a  tax  to  be  levied  in  the  ensuing  year. 

§  16.  The  title  of  all  the  property  now  or  hereafter  to  be  required  for 
school  purposes,  shall  be  vested  in  the  board  of  education. 

§  16.  The  board  of  education  shall  determine  whether  any  and  what  por 
tion  of  the  state  appropriation  and  the  county  tax,  designated  as  library  mon 
ey,  shall  be  applied  to  the  purchase  of  school  libraries  and  apparatus,  and  the 
disposition  thereof  ;  and  the  residue  of  said  money  shall  be  applied  to  the 
payment  of  teachers'  wages,  or  for  the  purchase  of  school  books,  and  to  no 
other  purpose. 

§  17.  The  money  raised  for  the  purchase  of  school  sites,  and  the  building, 
repairing  and  furnishing  of  school-houses,  shall  be  known  as  the  "  special 
school  fund,"  and  all  other  moneys  as  the  "  general  school  fund ; "  and  it  shall 
be  the  duty  of  the  board  of  education  to  keep  accurate  accounts  of  its  re 
ceipts  and  expenditures,  distinguishing  between  those  of  a  general  and  those 
of  a  special  character  ;  and  it  shall  not  be  lawful  to  expend  any  portion  of  the 
moneys  raised  for  the  use  of  one  of  said  funds,  for  the  purposes  of  the  other 
of  said  funds,  but  the  expenditures  shall  be  made  in  conformity  with  the  ap 
propriations  under  which  the  funds  were  levied  and  collected. 

§  18.  The  board  of  education  shall  make  returns  annually,  to  the  common 
council,  of  its  receipts  and  expenditures,  specifying  those  on  account  of  the 
general  and  special  funds  respectively,  with  such,  other  details  as  the  com 
mon  council  may  from  time  to  time  require. 

§  19.  No  school  in  said  city  shall  be  entitled  to  any  portion  of  the  school 
moneys,  in  which  the  religious  sectarian  doctrine  or  tenets  of  any  particular 
Christian  or  other  religious  sect  shall  be  taught  or  inculcated,  or  which  shall 
refuse  or  prohibit  visits  or  examinations  by  the  city  superintendent  or  mem 
bers  of  the  board  of  education  of  said  city  ;  provided  that  this  section  shall 
not  be  deemed  to  prohibit  the  use  of  the  holy  scriptures  without  note  or  com 
ment. 

§  20.  The  schools  of  the  asylum  societies,  in  said  city,  shall  participate  in 
the  distribution  of  the  school  moneys,  in  such  manner  that  they  shall  respect 
ively  receive  a  sum  in  proportion  to  the  number  of  children  who  shall  have 
actually  attended  such  school  without  charge  during  the  preceding  year,  for 
which  school  moneys  are  raised  ;  which  sum  shall  be  equal  to  the  amount 
paid  to  any  of  the  public  schools  in  said  city,  in  proportion  to  the  number  of 
children  who  shall  have  actually  attended  any  such  school  during  the  said 
preceding  year,  actually  orphans,  or  half  orphans. 

[Laws  of  1851,   Chap.  229.] 

§  15.  The  amount  of  money  to  be  raised  in  any  one  year  for  the  support 
of  Common  Schools  in  the  city  of  Brooklyn,  exclusive  of  the  sums  required 
to  purchase  sites,  to  build  and  repair  school  houses,  and  to  entitle  the  city  to 


289 

its  share  of  the  State  School  money,  shall  be  such  sum  as  the  said  Common 
Council  may  deem  necessary  therefor,  not  to  exceed  the  amount  now  allow  - 
-ed  by  law. 

BUFFALO. 

[Latcs  of  1843,  ch.  122,  titles  II  and  IX,  a$  amended  by  ch,  166,  laws  of  1849.] 

TITLE  IT.  §  .11  and  22.  The  common  council  shall,  on  the  second  Tues 
day  of  March  in  each  year,  or  as  soon  thereafter  as  practicable,  appoint  by 
ballot,  a  city  superintendent  of  common  schools,  who  shall  hold  his  office  un 
til  the  second  Tuesday  of  the  month  of  March  next  after  such  appointment, 
unless  sooner  removed  or  disqualified,  and  until  his  successor  in  office  shall  be 
appointed,  and  enter  upon  his  duties. 

[Title  IX-^of  Common  and  other  Schools.'] 

§  1 .  The  mayor  and  aldermen  of  the  city  of  Buffalo,  shall,  by  virtue  of 
their  offices,  be  commissioners  of  common  schools  in  and  for  said  city,  and  in 
common  council  shall  perform  all  the  duties  of  such  commissioners,  and  shall 
possess  all  the  rights,  power  and  authority  of  commissioners  (town  superin 
tendents)  of  common  schools  in  the  several  towns  in  this  state. 

§  2.  The  clerk  of  said  city,  shall  be  the  clerk  of  the  mayor  and  aldermen 
thereof,  when  acting  as  commissioners  of  common  schools,  and  shall  perform 
all  the  duties  required  of  the  town  clerks  of  the  several  towns  in  the  state, 
as  clerks  of  the  commissioners  of  common  schools  of  such  towns,  and  be  sub 
ject  to  the  same  penalties  for  the  neglect  thereof. 

§  3.  In  all  appropriations  of  public  money  for  schools,  or  other  purposes, 
the  city -of  Buffalo  shall  be  taken  and  considered  as  a  town  in  the  county  of 
Erie,  and  shall  be  entitled  to  copies  of  laws  in  the  same  manner  as  other 
towns  in  said  county  ;  and  all  such  moneys  or  books  shall  be  paid  or  deliver 
ed  to  the  common  council. 

§  4.  The  common  council  may  expend  such  portion  as  they  may  deem 
proper,  of  any  library  moneys  hereafter  received  from  the  state,  in  binding 
and  repairing  the  books  in  the  city  library,  in  purchasing  maps  and  other 
apparatus  for  the  schools,  and  in  supplying  indigent  scholars  in  the  schools 
under  their  charge,  with  necessary  common  school  books,  and  other  imple 
ments  of  learning. 

§  5.  All  the  district  schools  organized  within  the  city  of  Buffalo,  shall  be 
public,  and  free  to  all  white  children  residing  within  the  district,  under  the 
age  of  sixteen  [21 J  years,  and  the  common  council,  by  a  vote  of  two-thirds  of 
all  the  aldermen  elected,  are  hereby  authorized  to  include  in  the  general  an 
nual  city  tax  authorized  to  be  raised,  under  the  third  section  of  the  fifth  title 
of  this  act,  such  additional  sum  as,  in  their  opinion,  with  the  public  school 
moneys  for  the  year,  will  be  sufficient  to  support  their  school  system,  and  to 
defray  the  expenses  of  all  the  schools  under  their  charge,  except  such  of  said 
expenses  as  may  be  raised  by  district  tax.  The  moneys  thus  raised  for  school 
purposes,  together  with  all  moneys  received  from  other  sources  for  sucb 
purposes,  shall  constitute  a  separate  fund,  to  be  called  the  school  fund,  and  a 
separate  and  distinct  account  thereof  shall  be  kept  by  the  proper  officer  or  of 
ficers  of  the  city  ;  and  the  moneys  of  this  fund  shall  not  be  appropriated  or 
diverted  to  any  other  purpose  whatever. 

§  6.  The  common  council  shall  provide  and  maintain  one  or  more  free 
schools  in  the  city  for  the  colored  children  thereof  ;  and  may  purchase  one  or 
more  sites,  and  erect  thereon,  furnish  and  maintain  all  buildings  necessary  for 
such  schools  ;  and  shall  from  time  to  time,  raise  all  moneys  necessary  for 
these  purposes,  by  general  tax,  in  the  manner  provided  by  the  last  section. 

§  7.  The  common  council  shall  have  power,  and  it  shall  be  their  duty, 
whenever  it  may  be  necessary  so  to  do, 

1.     To  designate  and  purchase  or  lease,  hi  each  school  district,  a  ^ite  or  sites 
for  the  school-house  or  school  houses  therein,  and  to  fence  and  improve  the 
same  as  to  them  shall  appear  suitable  and  proper  : 
19 


200 

2.  To  build  on  such  site  or  sites,  or  on  any  lot  owned  by  such  district,  such 
school-house  or  school-houses  and  out  houses  as  shall  to  them  appear  suitable 
and  sufficient  for  such  districts  : 

3.  To  complete,  improve,  enlarge  or  repair  any  district  school-house,  from 
time  to  time  as  they  shall  think  proper,  and  to  supply  such  school-houses, 
•whenever  they  deem  it  expedient,  with  such  school  apparatus,  books,  furni 
ture  and  appendages  as  they  may  direct ;  and  to  prescribe  the  course  and  ex 
tent  of  the  studies  to  be  pursued  therein  : 

4.  To  order  from  time  to  time,  a  tax  to  be  levied  upon  all  the  taxable 
property  of  any  district,  sufficient  to  pay  all  such  sums  as  they  may  have  ex 
pended  or  deem  necessary  to  be  expended  in  that  district,  for  the  purposes  in 
this  section  above  specified  : 

5 .  To  make  out  a  tax  roll  or  list  of  every  district  tax  ordered  by  them, 
within  sixty  days  after  such  district  tax  shall   be'  ordered,  similar  in  form  to 
the  general  assessment  roll  in  said  city,  ascertaining  the  valuation  of  the  prop 
erty  to  be  taxed  as  far  as  possible  from  the  last  assessment  roll  of  said  city  ; 
and  no  person  shall  be  entitled  to  any  reduction  of  the  valuation  of  such  prop 
erty  so  ascertained,  unless  he  shall  give  notice  of  his  claim  to  such  reduction 
to  the  city  superintendent  of  common  schools  -within  ten  days  after  the  pas 
sage  of  the  order  to  raise  such  tax ;  and  when  such  valuation  of  taxable  prop 
erty  cannot  be  ascertained  from  such  assessment  roll,  the  common  council,  or 
such  superintendent,  shall  ascertain  such  valuation  by  the  best  means  in  their 
power.     Such  rolls  may  be  delivered  for  collection  to  the  collector  of  the  dis 
trict  or  to  the  city  collector  : 

6.  To  make  such  by-laws  and  ordinances  as  they  may  deem  necessary  for 
the  prosperity  and  good  order  and  government  of  the  common  schools,  and 
the  security  and  preservation  of  the  school-houses  and  other  property  belong 
ing  to  the  school  districts,  and  to  prescribe  the  duties  and  powers  of  the  su 
perintendent  and  of  the  several  district   clerks,  trustees  and  collectors,  in  all 
cases  not  provided  for  by  this  act : 

7.  To  require  and  take  from  the  district  collectors  such  security  as  they 
may  deem  adequate ;  if  such  security  be  not  given  by  any  such  collector,  they 
may  remove  him  and  appoint  a  successor  : 

8.  To  authoiize  and  require  the  superintendent  of  common  schools  in  said 
city  to  do  any  act  or  to  perform  any  duty  required  of  any  trustee  of  a  school 
district  of  said  city,  in  case  of  any  vacancy  in  the  office  of  trustee,  or  of  the 
neglect  or  refusal  of  such  trustee  to  perform  such  duty  : 

9.  To  divide  the  district  schools  in  said   city  into  primary  and  higher 
departments  or  otherwise,  whenever  they  shall  deem  such  division  desirable, 
and  to  prescribe  regulations  for  the  transfer  of  scholars  from  one  department 
to  the  other,  and  also  to  direct  the  superintendent  to  provide  suitable  and  suf 
ficient  instructors  for  each  of  the  said  departments. 

§  9.  The  superintendent  of  common  schools  of  said  city,  shall  be  the  execu 
tive  officer  of  the  common  council  to  carry  into  effect  all  the  provisions  of  this 
act,  and  the  ordinances  and  orders  of  the  said  eommon  council,  in  respect  to 
common  schools  ;  and  it  shall  be  lawful  for  the  said  common  council  to  assign 
to  the  said  superintendent,  the  performance  of  any  duty  required  of  them;  in 
respect  to  the  common  schools  of  said  city ;  he  shall,  in  respect  to  the  com 
mon  schools  of  said  city,  possess  all  the  powers  and  authority,  and  be  subject 
to  the  duties  and  obligations  of  the  inspectors  of  common  schools  of  the  differ 
ent  towns  of  this  state.  He  shall  also  have  power,  and  it  shall  be  his  duty, 

1 .  To  have  the  care  and  custody,  and  provide  for  the  safe  keeping  of  dis 
trict  school-houses  in  said  city  : 

2.  To  contract  with  and  employ  all  teachers  of  the  several  district  schools 
therein  : 

3.  Under  the  direction  of  the  common  council,  to  contract  for  and  super 
intend  the  building,  enlarging,  improving,  furnishing  and  repairing  of  all  school- 
houses  ordered  to  be  erected  by  the  said  common  council,  and  the  making  of  all 
repairs  and  improvements  on  and  around  the  same  : 


291 

4.  In  all  cases  where  no  other  provision  is  made  by  this  act,  to  supply  the 
place  and  perform  the  several  duties  in  respect  to  the  several  school  districts 
in  said  city,  required  of  the  trustees  of  the  several  school  districts  in  this 
state,  by  the  general  statutes  relating  to  common  schools  : 

5.  To  perform  such  other  duties  as  may  be  from  time  to  time  imposed  on 
him  by  the  common  council. 

§  10.  The  inhabitants  of  any  school  district  entitled  to  vote  at  district 
meetings,  when  legally  assembled  in  district  meeting,  shall  have  the  same 
power  as  is  now  given  by  law  to  the  inhabitants  of  the  several  school  districts 
in  the  different  towns  in  this  state,  except  that  there  shall  be  but  one  trustee 
elected  in  each  district  ;  and  that  such  meeting  shall  not  possess  the  power 
to  designate  the  site  for  a  school-house,  or  to  lay  a  tax  to  purchase  or  lease  a 
site  for  a  school-house,  or  to  build,  hire,  or  purchase  a  school-house  for  such 
district.  The  clerk  and  collector  of  such  districts  shall  possess  the  powers 
and  authority,  and  be  subject  to  the  same  duties  and  obligations,  as  such  of 
ficers  in  the  several  districts  of  this  state  except  as  herein  otherwise  provided. 

§  II.  It  shall  be  sufficient  notice  of  any  annual,  special  or  adjourned  dis 
trict  meeting,  to  publish  such  notice  once  in  each  week,  for  two  successive 
weeks  preceding  the  time  of  holding  such  meeting,  in  the  city  paper,  and  by 
affixing  a  copy  of  the  same  on  the  outer  door  of  the  district  school-house,  ^if 
there  be  any,)  and  posting  a  copy  of  the  same  in  three  other  public  places  in 
such  district  ;  the  posting  of  said  notice  to  be  done  at  least  ten  days  before 
such  meeting  ;  and  no  other  notice  of  any  such  meeting  need  be  given.  The 
annual  meetings  of  such  district  shall  be  held  on  the  Monday  preceding  the 
last  Tuesday  in  December  in  each  year.  The  superintendent  of  the  common 
schools  for  the  said  city,  shall  revise  the  proceedings  of  such  meetings,  and 
see  that  the  proper  records  of  such  proceedings  are  made  by  the  clerk  in  the 
book  of  district  records,  to  be  provided  by  the  said  superintendent,  and  kept 
by  the  clerk  of  such  district  for  such  purposes  ;  and  the  said  superintendent, 
and  the  mayor  and  aldermen  of  said  city,  and  every  taxable  inhabitant  of  such 
district  shall  be  permitted  by  the  clerk,  at  all  proper  times,  to  examine  the  same. 

§  12.  The  trustee  elected  in  any  school  district  in  said  city  shall  have 
the  power,  and  it  shall  be  his  duty, 

1.  To  call  special  meetings  of  the  inhabitants  of  such  district,  liable  to  pay 
taxes,  whenever  it  shall  be  by  him  deemed  necessary  or  proper  : 

2.  To  give  notice  of  special,  annual  and  adjourned  meetings,  in  the  manner 
prescribed  in  this  act,  if  there  be  no  clerk  of  the  district,  or  he   be  absent  or 
incapable  of  acting,  or  shall  neglect  or  refuse  to  give  such  notice  : 

3.  To  visit  the  schools  kept   in  the  district  as  often  as   once  in  each  quar 
ter,  and   to  report  the  condition   of  the   same,  with  such  suggestions  for  the 
improvement  thereof   as  he  may  deem  proper  -to  the  common  council : 

4.  To  perform  such  other  duties  as  may  be  from  time  to  time  imposed  up 
on  him  by  the  common  council. 

§  13.  The  common  council  shall  annually  publish  in  the  city  paper  a  state 
ment  of  the  number  of  common  schools  in  the  said  city  ;  the  number  of  pupils 
instructed  therein,  the  year  preceding  ;  the  several  branches  of  education 
pursued  by  them,  and  the  receipts  and  expenditures  of  each  school,  specifying 
the  sources  of  such  receipts,  and  the  objects  of  such  expenditure. 

BUSHWICK. 

{Laws  o/1847,  chap.  31 1.] 
AN  ACT  to  provide  for  free  schools  in  the  town  of  Bushwick. 

Passed  October  16,  1847,  "  three- fifths  being  present." 

The  People  of  the  State  of  New- York,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

§  1 .  The  trustees  of  the  several  school  districts  in  the  town  of  Bushwick 
in  the  county  of  Kings  shall  annually,  at  least  three  weeks  before  their  annu 
al  meeting,  or  of  a  special  meeting  to  be  called  for  that  purpose,  prepare  an 
estimate  of  the  amount  which  they  shall  deem  necessary  to  pay  the  debts  of 


292 

such  district,  and  for  the  support  of  common  schools  therein,  for  the  ensuing 
year,  exclusive  of  the  moneys  which  they  may  be  entitled  to  receive  from  the 
town  superintendent,  and  including  the  sums  required  for  the  purchase  of  ne 
cessary  furniture,  apparatus  and  books,  and  for  contingent  expenses,  and  shall 
cause  printed  notices  thereof  to  be  posted  for  two  weeks  thereafter,  in  five 
or  more  of  the  most  public  places  in  said  districts.  They  shall  present  such 
estimate  at  such  meeting,  when  the  inhabitants  of  such  district  then  present, 
shall  vote  thereon  for  each  item  separately,  and  t^e  same  or  so  much  thereof 
as  shall  be  approved  of  by  a  majority  of  such  inhabitants,  shall  be  levied  and 
raised  by  tax  on  such  district,  as  now  provided  by  law  for  raising  a  district 
school  tax. 

§  2.  When  the  trustees  shall  have  completed  the  tax  list,  they  shall  deliv 
er  the  same  to  the  superintendent  of  schools  for  said  town,  who  shall  issue  his 
warrant  to  the  collector  of  taxes  of  said  town,  returnable  in  thirty  days,  for 
the  collection  of  the  same,  and  take  from  such  collector  approved  security  for 
the  performance  of  his  duty  ;  such  warrant  may  be  renewed  from  time  to 
time.  The  moneys  so  collected  shall  be  paid  to  said  trustees,  and  by  them 
appropriated  to  the  purposes  for  which  the  same  was  voted,  unless  otherwise 
directed  by  a  vote  of  the  inhabitants,  at  their  annual  district  school  meeting, 
or  a  special  meeting  called  for  the  purpose. 

§  3.  The  tax  hereby  imposed  shall  be  a  lien  upon  the  lands  taxed,  to  be 
enforced  and  collected  by  sale,  in  the  manner  that  county  taxes  are,  upon  a 
return  to  be  made  by  said  collector  to  the  treasurer  of  the  county,  of  all  un 
paid  taxes  in  said  districts. 

§  4.    This  act  shall  take  effect  immediately. 


CLYDE  HIGH  SCHOOL. 

[Laws  of  1834,  chap.  175,  as  amended  by  chap.  268  laws  of  1842.] 

§  1.  School  district  number. seventeen,  in  the  town  of  Galen,  in  the  coun 
ty  of  Wayne,  shall  form  a  permanent  school  district,  not  subject  to  alteration 
by  the  Town  Superintendent  of  Common  Schools  of  the  said  town  of  Galen, 
and  shall  hereafter  be  known  by  the  name  of  "  The  Clyde  High  School." 

§  2.  The  Trustees  of  the  Clyde  High  School,  shall  be  seven  in  number  ; 
and  the  first  trustees  shall  be  George  Burr  ell.  John  Condit,  Sylvester  Clark, 
Cyrus  Smith,  Isaac  Lewis,  William  S.  Stow,  and  Calvin  D,  Tompkins  ;  and 
shall  hold  their  offices  until  the  first  annual  meeting  of  said  permanent  school 
district,  and  until  others  are  chosen. 

§  3.  Said  trustees  are  authorized  to  receive  gifts,  grants  and  donations,  to 
wards  defraying  the  expenses  of  purchasing  a  site  and  building  a  suitable 
school-house  for  said  high  school. 

§  4.  Said  trustees,  on  receiving  the  sum  of  one  thousand  dollars,  or  hav- 
ino-  the  said  sum  secured  to  be  paid  to  them,  by  subscription  or  otherwise,  shall 
have  power  to  levy  and  cause  to  be  raised  by  tax  upon  the  taxable  inhabitants 
of  said  permanent  school  district,  a  like  sum  of  one  thousand  dollars  ;  but  no 
such  tax  shall  be  levied  until  said  trustees  shall  have  called  a  special  meeting 
of  the  taxable  inhabitants  of  said  permanent  school  district,  in  manner  now 
provided  by  law,  for  calling  special  school  district  meetings. 

§  5.  Said  trustees  shall  report  in  writing  to  said  meeting,  the  amount  of 
moneys  received  by  them,  the  sum  or  sums  secured  to  be  paid  to  them,  and 
the  manner  in  which  it  is  secured  ;  and  if  the  sum  of  one  thousand  dollars  ap 
pears  to  be  paid  or  is  secured  to  be  paid  to  said  trustees,  said  meeting  shall 
proceed  to  elect  a  clerk  and  collector  for  said  high  school,  who  shall  hold  their 
offices  until  the  first  annual  meeting  of  said  permanent  school  district,  and  un 
til  others  are  chosen. 

§  6.  The  trustees  hereby  appointed,  and  clerk  and  collector  hereby  direct 
ed  to  be  chosen,  shall  be  subject  to  the  same  penalties,  and  shall  have  the 
same  powers,  and  perform  the  same  duties,  as  like  officers  directed  to  be  cho- 


293 

• 

sen  by  chapter  fifteenth,  title  second,  and  article  fifth  of  the  revised  Statutes) 
and  all  subsequent  elections  shall  be  held  under  that  act. 

§  7.  The  trustees  of  said  high  school  shall  select  a  suitable  site  in  the  vil 
lage  of  Clyde  for  the  erection  of  their  school-house;  and  shall  contract  for, 
and  purchase  the  same,  and  thereon  erect  a  school  house  of  sufficient  size  to 
accommodate  such  children  as  may  be  required  to  be  educated  in  said  perma 
nent  school  district,  and  shall  furnish  the  necesssary  furniture  and  fixtures 
for  the  same. 

§  8  School  districts  fourteen  and  seventeen,  or  either  of  them,  may  sell 
their  district  property  and  pay  the  amount  of  money  arising  from  such  sale 
or  sales,  to  the  trustees  of  the  Clyde  High  School. 

§  9.  Said  trustees  on  receiving  such  moneys,  shall,  if  required  by  either 
district,  deduct  the  amount  from  that  part  of  the  tax  hereby  directed  to  be 
imposed  on  the  taxable  inhabitants  of  the  individual  district  paying  the 
same. 

§  10.  The  school  money  which  school  districts  number  fourteen  and  sev 
enteen  shall  from  time  to  time  be  entitled  to  receive  from  the  commissioners 
of  common  schools  in  the  town  of  Galen,  shall  be  paid  to  the  trustees  of  the 
Clyde  High  School ;  who  shall  be  required  to  report  to  said  commissioners  in 
the  same  manner  as  other  school  districts  are  by  law  required  to  report. 

§  11.  The  trustees  receiving  such  moneys,  shall  give  their  receipt  for  the 
same,  and  shall  apply  the  money  received,  exclusively  to  the  payment  of  the 
teachers  employed  by  them ;  and  it  may  be  applied  in  such  manner  as  to  ren 
der  the  tuition  of  such  poor  children  in  eaid  district  as  they  may  deem  prop 
er,  gratuitous. 

§  12.  It  shall  be  the  duty  of  the  trustees  of  the  said  high  school,  to  make 
an  annual  report  to  the  superintendent  of  common  schools,  of  the  state  and 
condition  of  the  said  school. 

§  13.  The  trustees  shall  have  the  general  superintendence  of  all  schools 
taught  in  said  school-house,  and  shall  employ  as  many  teachers  and  assistants 
as  they  shall  deem  necessary,  and  shall  direct  the  course  of  instruction,  and 
regulate  all  the  internal  concerns  of  said  school,  [g  2,  act  of  1842.]  The  trustees 
of  said  Clyde  High  School  may  frum  time  to  time,  rent  or  lease  for  scholastic 
purposes,  such  rooms  or  apartments  in  their .  school  house,  as  in  their  judgment 
may  not  be  required  for  the  use  of  schools  therein,  established  by  them . 

§  14.  This  act  shall  take  effect  on  the  passage  thereof ;  and  the  legislature 
may  at  any  time  alter,  modify,  or  repeal  this  act. 

COHOES. 

[Laws  of  1850.     Chap.  341.] 

AN  ACT  to  establish  Free  Schools  in  the  village  of  Cohoes. 

Passed  April  10,  1850,  "three-fifths  being  present." 

The  People  of  the  State  of  New  -York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows : 

§  1.  The  several  school  districts  of  the  village  of  Cohoes,  shall  constitute 
one  school  district,  and  the  schools  therein  shall  be  free  to  all  children  between 
the  ages  of  five  and  twenty-one  years,  residing  in  such  districts. 

§  2.     There  shall  be  erected  in  each  district  one  or  more  school-houses. 

§  3.  The  title  of  the  school -houses,  sites,  lots,  furniture,  books,  apparatus 
and  appurtenances,  and  all  other  school  property  in  this  act  mentioned,  shall 
be  vested  in  the  village  of  Cohoes,  and  the  same  while  used  or  appropriated  for 
school  purposes  shall  not  be  levied  upon  or  sold  by  virtue  of  any  warrant  or  ex 
ecution,  nor  be  subject  to  taxation  ;  and  the  said  village,  in  its  corporate  capaci 
ty,  sLall  be  able  to  take,  hold  and  dispose  of  any  real  or  personal  estate  trans 
ferred  to  it  by  gifts,  grants,  bequest  or  devise,  for  the  use  of  the  common 
schools  of  said  village. 


294 

• 

§  4.  The  trustees  of  said  village  may  upon  the  recommendation  of  the 
board  of  education  hereinafter  mentioned,  fell  any  of  the  school  houses,  lots, 
or  sites,  or  any  other  school  property  now  or  hereafter  belonging  to  said  vil 
lage.  The  proceeds  of  all  such  sales  shall  be  paid  to  the  treasurer  of  the  vil 
lage,  and  shall  be  expended  under  the  direction  of  the  board  of  education,  for 
any  school  purpose. 

^  5.  There  shall  be  elected  at  the  annual  election  in  said  village,  to  be  held 
on  the  first  Tuesday  of  March,  1851,  in  the  same  manner  that  other  village  of 
ficers  are  elected,  from  each  of  the  districts  in  said  village  two  trustees ;  the 
persons  so  elected  shall  be  residents  of  the  district  for  which  they  shall  be  elect 
ed,  and  shall  within  ten  days  after  receiving  notice  of  their  election,  take  the 
oath  of  office  prescribed  by  the  Constitution  of  this  State,  and  file  the  same  with 
the  village  clerk. 

§  6.  Within  ten  days  after  as  in  the  last  section  mentioned,  said  trustees  so 
elected  from  tl;e-e  districts  shall  meet  in  the  office  of  the  clerk  of  said  village  and 
shall  determine  by  lot  which  of  tin  two  persons  so  elected  for  each  district 
shall  serve  for  the  term  of  one  year,  and  which  for.  the  term  of  two  years. 

§  7.  In  each  year  thereafter  there  shall  be  elected  in  said  village  at  the  an 
nual  election,  in  the  same  manner,  and  under  the  same  regulations  as  other  vil 
lage  officers  are  elected,  one  trustee  of  common  schools  for  each  district,  to  sup 
ply  the  place  of  those  whose  terms  are  about  to  expire  The  term  of  office  of 
all  trustees  elected  pursuant  to  this  act  shall  commence  on  the  second  Tuesday 
next  after  their  election  and  shall  continue  two  years. 

§  8.  The  trustees  of  said  village  shall  fill  all  vacancies  which  may  happen 
by  death,  resignation,  or  removal  from  the  district  in  which  each  or  any  of  the 
trustees  of  common  schools  were  elected  ;  the  trustees  so  appointed  shall  hold 
their  office  until  the  second  Tuesday  succeeding  the  next  annual  election,  and  at 
each  annual  election  there  shall  be  elected  a  trustee  to  supply  the  place  of  any 
person  so  appointed,  and  the  person  thus  elected  shall  serve  out  the  unexpired 
term. 

J9.  Any  trustee  of  common  schools  in  said  village  may  be  removed  from 
;e  for  official  misconduct,  or  neglect  of  duty,  by  the  trustees  of  said  village; 
but  a  written  copy  of  the  charges  against  said  trustees  shall  be  served  upon 
him,  and  he  shall  be  allowed  an  opportunity  to  refute  any  such  charge  of  mis 
conduct  or  neglect  of  duty  before  removal. 

§  10.  The  trustees  of  the  several  school  districts  of  said  village  shall  con 
stitute  a  board  to  be  styled  the  Board  of  Education  of  the  village  of  Cohoes, 
which  shall  be  a  corporate  body  in  relation  to  all  the  powers  and  duties  confer 
red  upon  them  by  virtue  of  this  act ;  a  majority  of  the  board  shall  form  a  quo 
rum.  The  first  meeting  of  the  board  shall  be  held  on  the  second  Wednesday 
next  after  their  election,  and  the  annual  meeting  of  the  board  thereafter,  shall 
be  on  the  second  Wednesday  next  after  their  election.  At  the  first  meeting  of 
the  board  and  annually  thereafter,  at  the  annual  meeting,  they  shall  elect  one 
of  their  number  president  of  the  board,  and  whenever  he  shall  be  absent  a 
president  pro  tempore  may  be  appointed.  The  said  trustees  shall  receive  no 
compensation  for  their  services. 

§  11.  The  trustees  of  the  several  school  districts  now  existing  in  said 
village,  shall  within  thirty  and  not  less  than  fifteen  days  preceding  the  time 
for  holding  their  annual  meetings,  prepare  estimates  of  the  amount  of  money 
necessary  to  be  raised  in  the  district  for  continuing  the  several  schools  for  the  time 
intervening  between  the  time  of  holding  the  annual  meeting  and  the  first  day  of 
March,  1851,  when  the  present  system  shall  be  brought  into  use ;  and  they  are  re 
quired  within  thirty  days,  r.nd  not  less  than  fifteen  days  previous  to  the  first  day  of 
March,  1851,  to  prepare  an  estimate  of  the  amount  of  money  necessary  to  be 
raised  in  the  several  districts  for  the  ensuing  year,  to  be  submitted  to  the  annual 
village  meeting,  which  estimate  shall  be  made  out  in  items  and  passed  upon, 
item  by  item,  by  the  legal  voters  present,  and  adopted  or  rejected  wholly  or  in 
part ;  "the  votes  shall  be  taken  by  ayes  and  nays,  or  by  ballot,  if  ordered  by  a 
majority  of  the  voters  entitled  to  vote  for  such  taxes. 


295 

§  12.  It  shall  be  the  duty  of  said  board  of  education,  within  thirty,  and  not 
less  than  fifteen  days  previous  to  the  annual  meeting,  each  year,  to  prepare  an 
estimate  of  all  sums  necessary  to  be  raised  for  all  school  purposes  mentioned 
in  this  act,  or  deemed  advisable  by  the  board,  and  the  specific  sum  necessary 
for  eacli  item  in  said  estimate,  and  publish  the  same  two  weeks  in  one  or  more 
of  the  village  papers,  which  shall  be  voted  for,  item  by  item,  in  the  same  man 
ner  as  prescribed  in  the  1 1th  section  of  this  act. 

§  13.  Said  board  of  education  shall  appoint  a  clerk  who  may  be  one  of 
their  own  number,  who  shall  hold  his  office  during  the  pleasure  of  the  board, 
and  whose  compensation  shall  be  fixed  by  them.  The  said  clerk  shall  keep  a 
record  of  the  proceedings  of  the  board,  and  perform  such  other  duties  as  the 
board  may  prescribe  ;  the  said  record  or  a  transcript  thereof,  certified  by  the 
president  and  clerk,  shall  be  received  in  all  courts  as  prima  facie  evidence  of 
the  facts  therein  set  forth,  and  such  records  and  all  the  books,  accounts,  vouch 
ers  and  papers  of  said  board,  shall  at  all  times  be  subject  to  the  inspection 
of  the  trustees  of  the  village,  or  any  committee  thereof. 

§  14.  The  trustees  of  said  village,  shall  have  the  power,  and  it  shall  be 
their  duty  to  raise  from  time  to  time  by  tax,  to  be  levied  equally  upon  all 
the  real  and  personal  estate  in  said  village,  liable  to  taxation  for  the  ordinary 
village  taxes,  or  for  town  or  county  charges,  such  sum  or  sums  of  money  as 
may  be  approved  of  at  the  annual  village  meeting,  for  any  or  all  the  follow 
ing  purposes : 

1.  To  purchase,  lease,  or  improve  sites  for  school  houses  : 

2.  To  build,  purchase,  lease, enlarge,  alter,  improve  and  repair  school  hous 
es  and  their  out  houses  and  appurtenances  : 

3.  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  fur 
niture  and  appendages : 

4.  To   procure  fuel  and  defray  the  contingent   expenses  of  the  several 
schools  and  the  board  of  education,  and  the  expenses  of  the  libraries  of  said 
village : 

5.  To  pay  the  wages  of  teachers  due,  after  the  application  of  the  public 
moneys  which  may  by  law  be  appropriated  and  provided  for  that  purpose. 
Provided,  nevertheless,  that  the  tax  to  be  levied  as  aforesaid  and  collected  by 
this  act  shall  be   collected  at  the  same  time  and  in  the  same  manner  as  other 
village  taxes : 

6.  To  pay  the  expenses  of  insuring  all  the  school  property  of  said  vil 
lage. 

§.  15.  All  moneys  to  be  raised  pursuant  to  the  provisions  of  this  act,  and  all 
school  moneys  by  law  appropriated  to,  or  provided  for  said  village,  shall  be  paid 
to  the  treasurer  thereof,  who,  together  with  the  sureties  upon  his  official  bond, 
shall  be  accountable  therefor  in  the  same  manner  as  for  other  moneys  of  said 
village  ;  the  said  treasurer  shall  b«  liable  to  the  same  penalties  for  any  official 
misconduct  in  relation  to  said  moneys  as  for  any  similar  misconduct  in  rela 
tion  to  the  other  moneys  of  said  village.  The  treasurer  shall  pay  out  all 
school  moneys  on  the  warrant  of  the  board  of  education,  signed  by  its  presi 
dent  and  clerk,  and  all  accounts  so  paid  shall  be  accompanied  by  the  affida 
vit  of  the  owner  thereof,  setting  forth  that  the  claims  are  reasonable,  and  that 
all  the  articles  named  were  furnished  by  the  direction  of  the  legally  appoint 
ed  officers . 

§  16.     The  said  board  shall  have  power,  and  it  shall  be  their  duty, 

1.  To  establish  and  organize  in  said  village  a  system  of  education  embra 
cing  such  and  so  many  schools  (including  the  common    schools  now  existing 
therein)  as  they  shall  deem  requisite   and  expedient,  and  to  alter  and  discon 
tinue  the  same  as  may  be  found  necessary. 

2.  To  hire  or  cause  to  be  hired  school  houses  and  rooms  as  they  may  find 
it  necessary  for  the  accommodation  of  the  students  in  said  village. 

3.  To  alter,  improve  and  repair  school  houses  and  appurtenances,  as  they 
may  deern  advisable. 

4.  To  purchase,  improve  and  repair  school   apparatus,  books  for  indigent 
pupils,  furniture  and  other  necessary  articles,  including  libraries. 


296 

5.  To  have  the  custody  and  safe  keeping  of  the  school  houses,  out  houses*, 
books,  furniture  and  appendages. 

6.  To  contract   with  and  employ  all  teachers  in  said  schools,  and  at  their 
pleasure  remove  them. 

7.  To  pay  the  wages  of  such  teachers  out  of  the  moneys  appropriated  and 
provided  by  law  for  that   purpose,  so  far  as  the  same  shall  be  sufficient,  and 
the  residue  thereof  from  the  moneys  authorized  to  be  raised  for  that  purpose 
by  section  fourteen  of  this  act,  by  tax  upon  said  village. 

8.  To  defray  the  necessary   contingent  expenses  of  the  board,  including 
an  annual  salary  to   the  clerk,  provided  the  account  of  such  expenses  shall 
first  be  audited  and  allowed  by  the  board  of  trustees  of  said  village. 

9.  To  have  in  all  respects  the   superintendence,  supervision  and  manage 
ment  of  the  common  schools  in   said  village,  and  from  time  to  time  to  adopt, 
alter,  modify  and  repeal  as  they  may  deem  expedient,  rules  and  regulations 
for  their  organization,  government  and  instruction,  for  the  reception  of  pupils 
and  their  transfer  from  one  school  to  another,  and  generally  for  the  promotion 
of  their  good  order,  prosperity  and  public  utility. 

10.  Whenever,  in  the  opinion  of  the  board,  it  may  be  advisable  to  sell  any 
of  the  school  houses,  lots  or  sites,  or  any  of  the  school  property  now  or  here 
after  belonging  to  the  village,  to  report  the  same  to  the  trustees  of  the  vil 
lage. 

11.  Between   the   first  day  of  July  and  the  first  day  of  August,  in  each 
year,  to  make  and  transmit   to  the  county  clerk  or   such  other  officer  as  may 
be  designated  by  law  in  the  year  of  its  transmission,  and  stating, 

1.  The  number  of  school  houses  in   said  village,  and  an  account  and  de 
scription  of  all  the  common  schools  kept  in  said  village  during  the  preceding 
year  and  the  time  they  have  severally  been  taught. 

2.  The   number  of  children  taught  in   said  schools   respectively,  and   the 
number  of  children   over  the  age  of  five  years  and  under  the  age  of  sixteen 
[21]  years,  residing  in  said  village  on  the  first  day  of  January  ot  that  year. 

3.  The  whole  amount  of  school  moneys  received  by  the  treasurer  of  said 
village  during  the  year  preceding,   distinguishing  the  amount  received  from 
the  county  treasurer  from  the  village    tax  and  from  any  other  source. 

4.  The  manner  in  which  such  money  had  been  expended  and  whether  any 
and  what  part  remains  unexpended,  and  for  what  cause. 

5.  The  amount  of  money  received  as  tuition  fees  from  foreign  pupils  du 
ring  the  year,  and  the  amount  paid  for  teachers'  wages  in  addition  to  the  pub 
lic  moneys,  with  such  other  information  relating  to  the  common  schools  of  said 
village  as  may  from  time  to  tune  be  required  by  the  state  superintendent  of 
common  schools. 

§  1 7.  It  shall  be  the  duty  of  each  trustee  to  visit  the  schools  in  his  dis 
trict  twice  in  each  year,  and  the  board  of  education  shall  provide  that  each 
of  the  schools  in  the  village  shall  be  visited  by  a  committee  of  three  or  more 
of  then-  number  or  by  their  clerk  at  least  once  in  each  term. 

§  18.  The  said  board  of  education  shall  have  power  to  allow  the  children 
of  persons  not  resident  within  the  village  to  attend  any  of  the  schools  of  said 
village  under  the  care  and  control  of  said  board  upon  such  terms  as  said 
board  shall  by  resolution  prescribe,  fixing  the  tuition  which  shall  be  paid 
therefor. 

§  19.  It  shall  be  the  duty  of  such  board  in  all  their  expenditures  and  con 
tracts  to  have",  reference  to  the  amount  of  moneys  which  shall  be  subject  to 
their  order  during  the  then  current  year  for  the  particular  expenditure  in 
question  and  not  to  exceed  that  amount. 

§  20.  The  said  board  of  trustees  shall  be  trustees  of  the  school  library  or 
libraries  in  said  village,  and  all  the  provisions  of  law  which  now  are,  or  may 
hereafter  be  passed  relative  to  district  school  libraries  shall  apply  to  said  trus 
tees,  they  shall  also  be  vested  with  the  same  discretion  as  to  the  disposition 
of  the  moneys  appropriated  by  any  law  of  this  State  for  the  purchase  of  li 
braries  which  is  therein  conferred  upon  the  inhabitants  of  school  districts* 


297 

§  21.  The  said  board  of  education  shall  have  the  control  of  all  the  books 
and  appurtenances  belonging  to  the  libraries  of  said  village,  shall  appoint  a 
librarian  or  librarians  and  regulate  the  drawing  of  books  from  said  library. 

§  22.  It  shall  be  the  duty  of  said  board  at  least  three  weeks  before  the 
annual  election  of  trustees  in  each  year,  to  prepare  and  report  to  the  village 
trustees  true  and  correct  statements  of  the  receipts  and  disbursements  under 
and  in  pursuance  of  the  provisions  of  this  act,  during  the  preceding  year,  in 
which  account  shall  be  stated  under  appropriate  heads, 

1.  The  moneys  raised  by  the  village  trustees  under  the  fourteenth  section 
of  this  act. 

2.  The  school  moneys  received  by  the  village  treasurer  from  all  sources. 

8.  The  moneys  received  by  the  village  trustees  under  the  third  section  of 
this  act. 

4.  All  other  moneys  received  by  the  treasurer  subject  to  the  order  of  th« 
board,  specifying  the  sources. 

5.  The  manner  in   which  such  sums  of  money  shall  have  been  expended, 
specifying  the  amount  paid  under  each  head  of  expenditure  ;    and  the  trus 
tees  of  said  village  shall  at   least  cause  the  same  to  be  published  in  one  or 
more  of  the  newspapers  published  in  said  village,  for  two  weeks  before  such 
election,   and  cause  written   or  printed  notices  to  be  posted  on  each  school- 
house  door. 

§  23.  It  shall  be  the  duty  of  the  clerk  of  said  village,  immediately  after 
the  election  of  any  person  as  a  trustee  of  common  schools,  to  personally,  or 
in  writing,  notify  him  of  his  election,  and  if  any  such  person  shall  not,  within 
ten  days  after  receiving  such  notice  of  his  election,  take  and  subscribe  the 
constitutional  oath  and  file  the  same  with  the  clerk  of  the  paid  village,  the 
trustees  of  said  village  may  consider  it  a  refusal  to  serve,  and  proceed  to 
supply  the  vacancy  occasioned  by  such  refusal,  and  the  persons  so  refusing 
shall  forfeit  and  pay  to  the  village  treasurer,  for  the  benefit  of  the  contingent 
fund,  a  penalty  of  ten  dollars. 

§  24.  It  shall  be  the  duty  of  the  several  school  districts  in  the  village  of 
Cohoes,  on  or  before  the  first  Tuesday  in  March,  1851,  to  transfer  and  convey 
to  said  village  all  school  houses,  sites,  ?ots  and  all  other  school  property  of 
whatever  name  and  description,  and  to  place  in  care  of  the  board  of  educa 
tion,  all  school  districts,  records,  account  books,  vouchers,  contracts,  papers, 
and  other  school  property,  and  the  said  board  shall  settle  all  unsettled  business 
of  the  several  school  districts  or  parts  of  districts  now  existing  in  said  village. 

§  25.     All  laws  or  parts  of  laws  conflicting  with  this  act  are  hereby  repealed. 

§  26.    This  act  shall  take  effect  immediately. 

DELHI. 

[Laws  of  1851.     Chap.  23.] 

AN  ACT  authorizing  the  election  of  three  trustees  and  a  district  clerk  in  School 
district  number  sixteen,  located  in  the  milage  of  Delhi. 

Passed  Feb.  26,  1851,    "  three-fifths  being  present." 

The  People  of  the  State  of  New- York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1.  At  the  first  annual  meeting  of  the  trustees  and  inhabitants  of  the 
village  of  Delhi,  after  the  passage  of  this  act,  it  shall  be  the  duty  of  the  le 
gal  voters  thereat  to  elect  three  persons  legally  qualified  and  inhabitants  of 
said  village,  who  shall  be  styled  "  trustees  of  the  school  district  of  said  vil 
lage,"  and  also  one  person  as  district  clerk  of  said  district,  and  they  respect 
ively  shall  have  all  the  powers  over  the  said  district,  and  shall  discharge  all 
the  duties  whi;>]iby  law  are  given  to  and  enjoined  upon  trustees  and  dis 
trict  clerks  of  school  districts. 


298* 

§  2.  The  trustees  so  chosen  shall  be  divided  by  lot  into  three  classes,  to 
be  numbered  one,  two  and  three,  the  term  of .  office  of  the  first  class  shall  be 
one  year,  of  the  second,  two,  and  of  the  third,  three  years,  and  one  trustee 
only  shall  thereafter  annually  *be  elected,  who  shall  hold  his  office  for  three 
years,  and  until  a  successor  shall  be  duly  elected  or  appointed.  In  case  of  a  va 
cancy  in  the  office  of  trustees  during  the  period  for  which  he  or  they  shall 
have  been  respectively  elected,  the  person  or  persons  chosen  or  appointed  to 
fill  such  vacancy,  shall  hold  the  office  only  for  the  .unexpired  term. 

§  3.  The  district  clerk  shall  hold  his  office  for  one  year,"or  until  a  succes 
sor  shall  be  duly  elected. 

§  4.  So  much  of  chapter  one  hundred  and  twelve,  section  ten,  of  an  act 
entitled  "  An  act  to  incorporate  the  trustees  and  inhabitants  of  Delhi  and  to 
invest  them  with  certain  powers,"  passed  March  sixteenth,  eighteen  hundred 
and  twenty -one,  as  is  inconsistent  with  the  foregoing  sections  of  this  act,  is 
hereby  repealed. 

§  5.    This  act  shall  take  effect  immediately. 

FLUSHING. 

[Laws  of  1848.     Chap.  81,  as  amended  by  Chap.  Ill,  laws  of  1849.] 
AN  ACT   to  establish  free  schools  in  district  number  Jive,  in  the  town  of 

Flushing. 
Passed  March  10,  1848,  "three-fifths  being  present." 

The  People  of  the  State  of  New -York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows : 

§  1.  School  district  number  five  in  the  town  of  Flushing,  in  the  county  of 
Queens,  shall  form  a  permanent  school  district,  and  shall  not  be  subject  to  al 
teration  by  the  town  superintendent  of  common  schools  for  the  town  in  which 
said  district  is  situated.  • 

§  2.  The  said  district  shall  be  under  the  direction  of  a  board  to  be  styled 
"  the  board  of  education,"  which  board  shall  consist  of  five  members,  three  or 
more  of  whom  shall  constitute  a  quorum  for  the  transaction  of  business  ;  Effing- 
ham  "W.  Lawrence,  Edward  E.  Mitchell,  Samuel  B.  Parsons,  William  H.  Fair- 
weather  and  Thomas  Leggett,  junior,  shall  compose  the  first  board  of  educa 
tion,  and  shall  hold  their  offices  from  one  to  five  years  ;  that  is  to  say,  one 
shall  go  out  of  office  in  each  year,  and  in  the  order  in  which  their  names  stand 
recorded  in  this  section.  ' 

§  3  There  shall  be  elected  in  each  year  in  said  district,  one  member  of 
said  board  of  education,  who  shall  be  a  resident  and  taxable  inhabitant  of 
said  district,  and  shall  hold  his  office  for  five  years ;  the  said  election  shall  take 
place  at  the  annual  meeting  of  said  district,  and  the  board  of  education  shall 
appoint  three  suitable  persons  as  inspectors  of  said  election,  and  of  all  other 
elections  provided  for  by  this  act,  except  as  provided  in  section  fourteenth  of 
this  act,  within  thirty  days  next  preceding  any  such  election  ;  such  elections 
shall  be  by  ballot,  and  notice  thereof  shall  be  given,  the  same  shall  be  held 
and  conducted,  the  votes  shall  be  canvassed,  and  the  result  of  the  election  de 
termined  in  the  same  manner  as  in  the  case  of  the  annual  election  of  other 
village  officers. 

§  4.  The  said  board  of  education  may  make  all  necessary  by-laws  for  their 
government,  they  shall  have  the  entire  control  and  management  of  all  the 
common  schools  witHin  the  said  district  and  all  the  property  belonging  to  the 
same,  they  shall  have  and  possess  within  the  said  district,  all  the  rights,  pow 
ers,  and  authority  of  town  superintendent  of  common  schools.  They  may  ap 
point  a  collector  with  all  the  powers  and  duties  of  a  district  collector,  or  may 
-employ  the  town  or  village  collector  for  that  purpose,  and  such  collector  shall 
collect  and  pay  over  the  school  moneys  assessed  upon  said  district,  to  the 
treasurer  of  the  board  of  education  in  the  same  manner  and  under  the  same 


conditions  as  is  imposed  by  the  laws  of  the  town  or  village  of  which  he  is  such 
collector.  They  shall  require  two  of  the  members  of  said  board  to  visit  each 
school  in  said  district  at  least  once  in  each  week,  to  render  such  assistance  to 
the  teachers,  and  advice  to  the  pupils  as  maybe  necesssry,  and  to  see  that  the 
regulations  are  rigidly  adhered  to. 

§  5.  The  said  board  of  education  are  hereby  authorized  and  empowered 
to  raise  a  sum  not  exceeding  the  sum  of  five  thousand  dollars,  either  by  a  tax 
on  said  district  or  by  a  loan,  such  loan  to  be  secured  by  a  mortgage  upon  the 
public  school  property  of  said  district  to  be  executed  by  said  board  in  their 
official  capacity. 

§  6.  The  said  board  of  education  in  addition  to  tire  other  taxes  which  they 
are  hereby  authorized  to  raise,  may  levy  and  collect  a  sum  sufficient  to  pay 
interest  on  loans  as  the  same  becomes  due,  and  whenever  any  part  of  the  prin 
cipal  of  such  loans  becomes  due,  they  shall  levy  and  collect  an  amount  suffi 
cient  to  pay  the  same,  which  sums  when  collected  shall  be  paid  over  by  said 
board  in  discharge  of  such  principal  and  interest. 

§  7.  The  said  board  of  education  are  hereby  authorized  and  directed  to 
levy  and  collect  by  tax  in  each  year,  upon  all  the  taxable  property  in  said  dis 
trict,  such  sum  as  may  be  necessary,  not  exceeding  in  amount  one-fifth  of  one 
per  cent,  on  the  value  of  such  taxable  property,  as  the  same  shall  be  assessed 
by  the  assessors  of  the  town  of  Flushing.  And  the  said  board  shall  add  to 
the  amount  of  any  warrant  for  the  collection  of  taxes  such  amount  as  they 
shall  deem  proper,  as  the  collector's  fees  for  collection,  which  compensation, 
however,  shall  in  no  case  exceed  five  per  cent,  on  the  amount  of  any  warrant 

§  8.  The  town  superintendent  of  common  schools  of  the  town  of  Flushing 
shall  pay  over  to  the  treasurer  of  the  board  of  education  all  the  public  mon 
eys  to  which  said  district  number  five  shall  be  entitled  for  school  purposes. 

§  9.  The  said  board  of  education  shall  call  an  annual  district  meeting  at  such 
time  in  the  year  as  they  may  think  proper,  and  shall  submit  thereto  a  full  report 
in  writing  of  their  doings  as  such  board  ;  and  shall  state  therein  the  number 
and  condition  of  the  schools  in  said  district  under  their  charge,  and  the  num 
ber  of  scholars  attending  the  same,  the  studies  pursued,  the  amount  of  moneys 
received  from  the  State  as  well  as  the  amount  required  in  the  district  for 
school  purposes  and  the  expenditure  of  the  same,  and  generally  all  the  par 
ticulars  relating  to  the  schools  in  said  district,  which  report  shall  immediately 
after  it  is  made  be  published  in  a  newspaper  published  in  the  town  of  Flushing 
for  two  weeks,  and  once  in  each  week. 

§  10.  The  board  of  education  shall  have  control  and  charge  of  the  district 
school  library  in  said  district,  they  may  employ  a  librarian,  make  such  addition 
to  the  library,  and  such  regulations  in  relation  thereto,  as  they  shall  deem  ne 
cessary. 

§  11.  The  school  for  the  colored  children  under  the  charge  of  the  female 
association,  in  the  village  of  Flushing,  may  with  the  consent  of  said  associa 
tion,  be  taken  under  the  charge  of  the  board  of  education,  and  be  organized 
as  a  district  school,  and  be  supported  as  the  other  schools  in  said  district  are 
under  this  act. 

§  12.  Whenever  the  said  board  of  education  shall  deem  it  necessary  to 
erect  one  or  more  school  houses  in  said  district,  they  shall  prepare  an  estimate 
showing  the  location  proposed,  the  cost  of  the  ground  required,  a  plan  of  the 
building,  with  the  estimated  cost  of  the  building  and  appurtenances,  and  shall 
submit  the  same  to  the  electors  of  said  district  at  a  special  meeting  to  be  called 
for  that  purpose,  in  the  same  manner  as  other  special  meetings  are  required  to 
be  called,  and  if  a  majority  of  all  the  electors  present  at  such  meeting  shall  vote 
in  favor  of  the  same,  then  said  bsard  may  proceed  to  erect  said  school  house 
or  houses  in  the  manner  proposed  by  said  estimate,  and  if  the  sum  authorized 
to  be  raised  by  section  five  of  this  act  should  be  insufficient  to  pay  the  estima 
ted  cost  of  such  buildings  and  ground,  with  the  expense  of  grading  and  regu 
lating  the  grounc's,  building  the  necessary  out  houses  and  fences,  with  the  cost 
of  necessary  books,  stationary  and  necessary  apparatus  for  the  school  house 
and  rooms,  then  the  said  board  of  education  may  raise  a  sum  in  addition  to 


300 

the  sum  mentioned  in  section  five,  and  in  the  manner  therein  authorized,  a  sum 
not  exceeding  fifteen  hundred  dollars,  and  they  are  also  authorized  to  levy  and 
collect  such  amount  as  may  be  necessary  topay  the  principal  or  interest  of  such 
additional  sum  as  the  same  may  become  due  in  the  same  manner  as  is  provided 
in  section  aixth  of  the  said  act. 

§  13.  The  said  board  of  education  may  call  special  meetings  of  said  dis 
trict  whenever  they  may  deem  it  necessary :  they  shall  give  notice  of  the  same 
by  posting  up  a  written  or  printed  notice  thereof,  in  at  least  four  public  places 
in  said  village,  and  by  publishing  the  same  in  a  newspaper  published  in  the 
village  of  Flushing,  at  least  one  week  previous  to  the  time  fixed  for  said  meet 
ing,  which  notice  shall  state  the  time  and  place  of  such  meeting,  and  the  purpose 
for  which  the  same  is  called  ;  and  no  business  shall  be  transacted  at  any  such 
special  meeting,  except  that  stated  in  the  notice  calling  the  same. 

§  14.  [Provides  for  submitting  the  act  for  the  approval  of  the  legal  voters 
of  the  district.] 

§  15.  All  laws  and  parts  of  laws  inconsistent  with  this  act  are  hereby  re 
pealed,  so  far  as  the  same  relate  to  district  number  five  in  the  town  of  Flush 
ing. 

GLENS  FALLS. 

[Laws  of  1851.     Chap,  424.] 

AN"  ACT  to  unite  the  libraries  of  the  common  school  districts  of  the  village  of 

Glens  Falls. 

Passed  July  9, 1851. 

§  1.  The  libraries  of  school  districts  number  two,  seven,  eight,  eighteen, 
nineteen,  twenty,  in  the  town  of  Queensbury,  in  Warren  county,  shall  be  united 
into  one  common  library  for  the  joint  use  of  the  inhabitants  of  the  said  districts, 
to  be  called  the  common  school  library  of  Glens  Falls  ;  and  the  library  mon 
ey  which  shall  now  be  or  may  hereafter  become  due  to  the  said  districts,  shall 
be  paid  over  by  the  town  superintendent  to  the  directors  of  the  said  library, 
to  be  appointed  as  hereinafter  mentioned,  on  the  same  terms  and  conditions 
as  the  said  money  is  now  paid  over  to  the  trustees  of  the  school  districts. 

§  2.  On  or  before  the  last  Monday  in  April,  eighteen  hundred  and  fifty- 
one,  it  shall  be  the  duty  of  the  board  of  trustees  of  the  village  of  Glens  Falls, 
to  appoint  three  directors,  who  and  whose  successors  shall  be  known  as  "  the 
directors  of  the  common  school  library  of  Glens  Falls,"  who  shall  have  the 
sole  and  exclusive  control  of  the  property  and  funds  of  said  library.  The  said 
directors  shall  be  divided  by  lot  into  three  classes,  numbered  one,  two  and 
three,  and  the  term  of  office  of  the  first  class  shall  be  one  year,  that  of  the  sec 
ond  class  two  years,  and  that  of  the  third  class  three  years  ;  and  on  or  before 
the  last  Monday  in  April  in  each  year  thereafter,  one  director  shall  be  chosen, 
who  shall  hold  his  office  for  three  years  and  until  a  successor  shall  be  duly  ap 
pointed.  In  the  case  of  a  vacancy  in  the  office  of  any  director  during  the  pe 
riod  for  which  he  shall  have  been  chosen,  the  person  to  fill  such  vacancy  shall 
hold  the  office  only  for  the  unexpired  term  of  three  years. 

§  3.     It  shall  be  the  duty  of  the  said  directors, 

1.  To  establish  and  organize  on  a  proper  basis  the  said    "  common  school 
library." 

2.  To  purchase  books,  exchange  or  cause  to  be  repaired   damaged  books, 
sell  any  books  they  may  deem  useless  or  not  suited  to  the  library,  and  apply 
the  proceeds  to  the  purchase  of  other  books  for  the  said  library,  and  to  pur 
chase  maps  and  apparatus  for  the  joint  use  of  the  school  districts  : 

3.  To  have  in  all  respects  the  superintendence,  supervision  and  manage 
ment  of  the  said  library  and  funds,  and  to  adopt,  modify  and  repeal  as  they 
may  deem  expedient,  rules  and  regulations  for  the  government,  safe  keeping 
and  preservation  of  the   same,  and  the   promotion  of    its  public  utility,  and 
to  make  and  enforce  proper  penalties  for  the  violation  of  its  rules  and  regu- 


301 

4.  On  or  before  the  last  Monday  in  April  in  each  year,   to  report  to  the 
trustees  of  the   village  of  Glens  Falls  a  statement  of  the  books  which  they 
have  purchased  the  preceding  year,  together  with  an  account  of  their  expen 
ses  and  disbursements,  and  such  other  matters  connected  with  the  condition 
of  the  said  library  as  they  shall  deem  proper  : 

5.  And  shall  further  perform  all  other  duties  not  inconsistent  with  this  act, 
and  be  subject  to  all  the  liabilities  of  the  trustees  of  the  school  district  libra 
ries  ;  but  their  expenditures  are  to  have  reference  to  the  funds  subject  to  their 
order  during  the  current  year. 

§  4.  It  shall  also  be  the  duty  of  the  said  directors  annually  to  appoint  a  libra 
rian,  who  shall  be  subject  to  all  the  requirements  and  perform  all  such  duties 
not  inconsistent  with  this  act  as  are  now  required  to  be  performed  by  the  li 
brarians  of  the  school  districts. 

§  5.  The  directors  are  empowered  to  pay  the  librarian  a  sum  not  exceed 
ing  twelve  dollars  per  annum  for  his  services,  and  may  audit  and  allow  Other 
proper  accounts  and  expenses  necessary  for  the  maintenance,  support  and 
proper  conduct  of  the  said  library,  to  a  sum  not  exceeding  eight  dollars  per 
year  ;  and  it  shall  be  the  duty  of  the  trustees  of  the  village  to  furnish  suita 
ble  cases  for  the  preservation  of  the  said  library,  and  of  all  additions  to  the 
same.  All  expenses  incurred  by  the  provisions  of  this  section  to  be  paid  by 
the  village  corporation.  But  the  said  directors  shall  perform  their  service* 
without  compensation. 

§  6.  The  said  directors  shall  have  the  same  power  and  authority  in  regard 
to  the  prosecution  and  defence  of  all  suits  at  law  touching  the  property  of  the 
said  library  as  are  now  possessed  by  trustees  of  school  districts  in  relation  to 
school  district  property ;  but  all  such  suits  shall  be  prosecuted  or  defended, 
and  also  all  fines  and  penalties  that  may  be  imposed  by  the  terms  of  this  act, 
shall  be  collected  in  the  name  of  the  "  common  school  library  of  Glens 
Falls  ; "  and  this  provi  sion  shall  extend  to  all  books  which  may  be  in  the 
hands  of  individuals  and  not  returned  to  the  libraries  of  the  respective 
school  districts  at  the  time  of  the  passage  of  this  act  ;  and  all  the  rights  and 
duties  of  the  trustees  with  regard  to  such  books,  shall  be  vested  in  the  said 
directors. 

§  7.     The  legislature  may  at  any  time  alter  or  repeal  this  act. 

$  8.     This  act  shall  take  eft'ect  ilnmediatelv. 


HUDSON. 

[Laws  0/1841.     Chap.  350,  as  amended  by  Chap.  12,  laws  of  1843,  and 
Chap.  132,  laws  of  1844.] 

AN  ACT  in  relation  to  common  schools  in  the  city  of  Hudson. 

Tfie  People  of  the  State  of  New  -  York,  represented  in  Senate  and  A  s»embly 
do-  enact  as  follows  :  ' 

§  1.  The  members  of  the  common  council  of  the  city  of  Hudson  shall  by 
virtue  of  their  office  be  commissioners  for  common  schools  in  and  for  said  eitv, 
and  in  common  council  shall  perform  all  the  duties  of  such  commissioners,, 
and  shall  possess  all  the  rights,  powers  and  authority,  and  shall  be  subject  to 
all  the  duties  and  obligations  of  commissioners  of  common  schools  [town  su 
perintendent]  in  the  several  towns  of  this  state,  and  shall  have  power, 

1.  To  divide  the  city  into  school  districts  of  which  there  shall  not  be  less* 
than  three  in  the  compact  part  of  the  city. 

2.  They  shall   designate,  purchase,  or  lease,  or  otherwise  obtain,  in  eac 
school  di  strict,  a  site  or  sites  for  a  school  house  or  the   school  houses  therein 
and  shall  fence  or  improve  the  same  in  such    manner  as  to  them  shall  appear 
suitable  and  proper. 


302 

3.  They  shall  cause   to  be  built  or  procured  in  each  district  such  school 
house  or  school  houses  and  out  houses,  as  shall  appear  to  them  suitable  and 
sufficient. 

4.  They   shall  complete,   improve,  enlarge   or  repair   any  district  school 
house,  from   time  to  time,  as  they  shall  think  proper  ;  and  they  shall  supply 
the  district  school  houses,  whenever  they  shall  deem  it  expedient,  with  such 
school  apparatus,  books,  furniture  and  appendages  as  they  may  think  neces 
sary. 

5.  They  shall  appoint,   in  the  manner  provided  by  them  for  the  appoint 
ment  of  other  officers  of  said   city,  three  persons  to  be  denominated  a  board 
of  superintendents ;  of  these  three  persons  the  one  first  chosen  shall  continue 
in  office  for  three  years  ;  the  one  next  appointed  shall  continue  in  office  for 
two  years,  and  the  one  last  appointed  shall  continue  in  office  for  one  year. 

6.  They  shall   have  power,  and  it  shall  be  their  duty,  to  make  such  by 
laws  and  ordinances  as  may  be  in  their  opinion  necessary  for  the  prosperity 
and  good  order  and  efficient  government  of  the  common  schools,  and  the  secu 
rity  and  the  preservation  of  the  schoolhouses,  and  other  property  belonging 
to  the  school  districts  ;  and  to  prescribe  the  duties  and  powers  of  the  board 
of  superintendents  in  all  cases  not  provided  for  by  this  act. 

7.  They  shall  require   and  take  from  the   superintendents  and  collectors 
such  security  tis  they  shall  deem  expedient,  and  if  such  security  is  not  given 
by  any  superintendent  or  collector,  the  said  common  council  may  declare  his 
office  forfeited,  and  appoint  another  superintendent  or  collector  in  his  place. 

8.  They  shall  supply  a  vacancy  produced  in  the  board  of  superintendents 
from  any  cause  ;  the  person  appointed  to  fill  such  vacancy  shall  continue  in 
office  during  the  unexpired  remainder  of  the  term  for  which  his  predecessor 
was  chosen,  and  no  longer,  unless  reappointed. 

9.  They   shall  divide  the  district  schools  in  said  city  into  primary  and 
higher  departments  or  otherwise,  whenever  they  shall  deem  such  division  de 
sirable  ;  and  they  shall  prescribe  regulations  for  the  transfer  of  scholars  from 
one  department  to  another,  and  they  shall  direct  the  board  of  superintend 
ents  to  provide  a  sufficient  number  of  suitable  instructors  for  each  of  these  de 
partments. 

§  2.  The  clerk  of  said  city  by  right  of  office  shall  be  the  clerk  of  the  may 
or  and  aldermen  thereof  when  acting  as  commissioners  of  common  schools, 
and  he,  as  such  clerk,  shall  perform  all  the  duties  in  reference  to  said  city, 
that  the  town  clerks  in  the  several  towns  in  this  state  perform  as  clerks  of 
common  schools  in  such  towns,  and  be  subject  to  the  same  penalties  for  the 
neglect  thereof, 

§  3.  The  board  of  superintendents  of  common  schoools  in  the  city  of  Hud 
son  shall  in  respect  to  the  common  schools  in  said  city,  possess  all  the  powers 
and  be  subject  to  all  the  duties  and  obligations  of  the  inspectors  of  the  com 
mon  schools  in  the  different  towns  in  this  state  ;  it  shall  carry  into  effect  all 
the  ordinances  and  orders  of  the  common  council  in  respect  to  common  schools  ; 
and  it  shall  be  lawful  for  the  said  common  council  to  assign  to  said  board  any 
duty  required  of  them,  in  respect  to  the  common  schools  in  said  city.  The 
said  board  shall  be  under  the  direction  of  the  common  council,  and  they  shall 
have  power,  and  it  shall  be  their  duty, 

1 .  To  contract  for  and  superintend  the  building,  enlarging,  improving,  fur 
nishing  and  repairing  of  all  school  houses  under  the  charge  of  said  common 
mon  council,  and  the  making  of  all  repairs  and  improvements  on  and  around 
the  same. 

2.  To  provide   for  the  safe  keeping  of  the  district  school  houses  in  said 
city. 

3.  To  contract  with  and  employ  all  the  teachers  in  the  several  districts 
therein. 

4.  To  prevent  scholars  resident  in  one  district  from  attending  a  school  in 
another  district,   and  also  to  prevent  scholars  from  going  from  one  school  to 
another  in  the  same  district,  without  having  in  both  the  above  cases  written 
permission  so  to  do  from  the  said  board. 


303 

5.  To  select  such  books  as  they  shall  deem  most  suitable  to  be  used  as 
class  books  in  the  schools,  and  to  establish  an  uniformity  in  all  the  schools  in 
regard  to  the  books  used  therein. 

6.  To  visit  each  school  as  often  as  once  in  each  quarter,  and  to  report  the 
condition  of  the  same,   with  such   suggestions  for  the  improvement  thereof, 
to  the  common  council  as  they  may  deem  advisable,  -which  reports  shall  be 
published  by  the  common  council  in  two  of  the  city  papers. 

7.  To  remove  any  teacher,  on  manifest  neglect  of  duty,  or  upon  his  viola 
ting  his  contract  ;  upon  paying  such  teacher  pro  rata  for  the  time  he  has  been 
employed. 

8.  To  pay  the  wages  of  all  the  teachers  by  orders  on  the  common  council 
as   commissioners  of  common   schools,  so  far    as  the  public  money  in  their 
hands,  or  the  money  raised  by  tax,  as  to  be  hereafter  provided  for,  and  the 
money  paid  over  by  the  collector  of  the  rate-bills,   shall  be  sufficient  for  the 
purpose. 

9.  To  make  out  rate-bills  for  the  payment  of  teacher  and  contirjigent  ex 
penses,  against  the  parent  or  guardian  of  each  scholar,  and  expense  of  collec 
tion  of  the  same,  (except  those  exempted,  as  hereafter  to  be  provided  for,) 
which  shall  not  however  exceed  two  dollars  per  quarter  for  each  scholar ;  and 
no  bill  shall  be  made  out  for  less  time  than  one  quarter,  and  to  annex  thereto 
a  warrant  for  the  collection  thereof, 

§  4.  The  said  common  council  of  the  city  of  Hudson,  shall  appoint  a  col 
lector  or  collectors  for  the  purpose  of  collecting  the  rate  bills,  if  any  are  made 
out  by  the  board  of  superintendents  ;  rate-bills  shall  be  made  out  and  levied 
upon  the  parents  or  guardians  of  children  sent  to  the  district  ^chools,  in  the 
manner  provided  by  law  in  respect  to  school  districts,  except  such  as  shall 
procure  a  certificate  of  inability  to  pay  the  same,  from  the  aldermen  or  assis 
tant  aldermen  of  the  ward  in  which  such  parent  or  guardian  resides. 

§  1.  [Act  of  1843.]  The  board  of  superintendents  appointed  or  to  be 
appointed  under  the  act  hereby  amended,  are  hereby  authorized  to  receive 
all  the  moneys  intended  for  the  support  of  common  schools  in  and  for  the 
city  of  Hudson,  and  to  expend  the  same  as  provided  in  said  act. 

§  2.  [Act  of  1843.]  It  shall  be  the  duty  of  the  treasurer  of  the  county  of 
Columbia,  and  of  the  collectors  of  taxes  in  and  for  the  city  of  Hudson,  and 
of  the  collectors  of  rate-bills,  under  the  provisions  of  the  act  hereby  amended, 
to  pay  over  directly  to  the  said  board  of  superintendents  all  the  moneys  that 
may  come  into  the  hands  of  said  treasurer  and  said  collectors  respectively, 
intended  for  the  benefit  and  support  of  common  schools  in  said  city. 

§  5.  The  said  common  council  shall  be  authorized  to  borrow  the  sum  of 
five  thousand  dollars  for  twenty  years,  at  a  rate  of  interest  not  exceeding  six 
per  cent,  per  annum,  for  the  purpose  of  procuring  suitable  school  houses  for 
said  city,  with  such  appurtenances  and  improvements  as  may  be  deemed  ex 
pedient. 

§  6.  The  Comptroller  is  hereby  authorized  to  loan  to  the  city  of  Hudson, 
the  sum  of  five  thousand  dollars  to  be  paid  in  twenty  equal  annual  instal 
ments,  out  of  any  moneys  now  or  hereafter  in  the  treasury  of  this  state,  be 
longing  to  the  capital  of  the  common  school  fund,  on  receiving  from  the  cham 
berlain  in  behalf  of  the  said  city,  a  bond  conditioned  from  him  as  treasurer 
of  said  city  and  his  successor  in  office,  to  repay  the  said  sum  in  twenty  equal 
annual  instalments,  together  with  the  annual  interest  on  said  loan  from  the 
time  it  was  made,  at  the  rate  of  six  per  cent,  per  annum,  and  which  bond  said 
chamberlain  is  hereby  authorized  to  make  and  execute. 

§  7.  The  common  council  of  said  city  are  hereby  authorized  to  raise  by 
tax  upon  the  real  and  personal  property  of  said  city,  in  the  same  manner  as 
the  general  taxes  of  said  city  are  levied  and  collected,  the  annual  interest  of 
the  above  mentioned  loan,  and  to  pay  over  the  same  in  discharge  of  such  in 
terest  ;  and  also  in  each  year  in  which  an  instalment  of  the  above  loan  shall 
become' due,  to  raise,  levy  and  collect  in  the  same  manner,  a  sum  equal  to  that 
instalment,  and  to  pay  over  the  same  in  discharge  thereof,  and  the  said  com 
mon  council  shall  also  in  the  same  manner  raise,  levy  and  collect  such  eum 


304 

annually,  not  exceeding  two  hundred  dollars,  as  may  be  necessary  for  repair?, 
furniture  of  said  school  buildings  and  contingent  e'xpenses. 

§  8.  The  supervisors  of  the  county  of  Columbia,  at  their  annual  meeting 
in  each  year,  shall  cause  a  sum  of  money  equal  to  four  times  the  amount  of 
money  apportioned  to  the  city  of  Hudson  from  the  common  school  fund,  to 
gether  with  the  collector's  fees,  to  be  raised,  levied  and  collected  in  the  same 
manner  that  other  taxes  are  raised,  levied  and  collected,  and  when  so  raised 
to  be  paid  to  the  board  of  superintendents  for  the  support  of  common  schools 
in  said  city. 

§  9.  After  the  year  one  thousand  eight  hundred  and  fifty -three,  the  common 
council  shall  have  it  in  their  power  to  reduce,  if  they  deem  it  expedient,  the 
above  sum  to  twice  the  amount  apportioned  to  the  city  of  Hudson,  from  the 
common  school  fund,  and  have  recourse  to  the  system  of  rate-bills  as  adopted 
in  the  several  towns  in  this  state,  to  supply  deficiencies. 

§  1.  [Act  of  1844.]  It  shall  be  the  duty  of  the  board  of  superintendents 
of  common  schools  of  the  city  of  Hudson,  annually  hereafter  to  appoint  a  li 
brarian  for  the  joint  school  district  library  in  said  city,  who  shall  perform  all 
the  duties  and  be  subject  to  all  the  restrictions  and  liabilities  now  required 
or  imposed  upon  librarians  in  the  several  school  districts  of  the  state  :  and 
may  be  removed  from  office  and  a  successor  appoined  by  said  superintendents 
for  any  wilful  neglect  of  duty,  and  whenever  they  shall  have  reason  to  ap 
prehend  the  loss  of,  or  injury  to  any  of  the  books  belonging  to  such  library, 
through  his  misconduct. 

§  2.  [Act  of  1844.]  The  common  council  of  said  city  are  hereby  authori 
zed  and  empowered,  annually  to  appropriate  such  sum  for  the  compensation  o 
said  librarian  as  they  may  deem  expedient,  not  to  exceed  the  sum  of  fifty  dol 
lars,  which  shall  be  raised,  levied,  and  collected  in  the  same  manner  as  other 
city  charges,  and  when  so  collected  shall  be  paid  over  to  the  superintendents 
aforesaid,  to  be  by  them  appropriated  as  specified  in  the  first  section  of  this 
act. 

§  10.  All  the  general  laws  of  this  state  relating  to  common  schools  and 
their  officers,  except  as  the  same  are  modified  by  this  act,  shall  extend  to  and 
include  the  schools  established  under  this  act,  and  the  commissioners,  inspec 
tors  and  other  officers  having  charge  thereof  or  in  any  way  connected  there 
with. 

§  11.  '  All  laws  relating  to  the  appointment  of  commissioners  and  inspec 
tors  of  common  schools  in  the  city  of  Hudson,  and  the  act  entitled,  "  An  act 
to  authorize  the  raising  of  money  for  the  support  of  the  Lancaster  school  of 
the  city  of  Hudson,"  passed  May  11,  1835,  and  all  other  acts  which  conflict; 
with  this  act,  are  hereby  repealed. 

§  12.     This  act  shall  take  effect  immediately. 

LANSINGBURGH. 

[Laws  of  1847.     Chap.  336.] 
AJT  ACT  to  provide  for  a  free  school  in  district  number  one  in  the   town  of 


Passed  October  26,  1847,  "  three-fifths  being  present" 

The  People  of  the  State  of  New -York,  represented  in  Senate  and  A.ssembl<i. 
do  enact  as  follows  : 

6  1.  The  trustees  of  school  district  number  one  in  the  town  of  Lansing- 
burgh,  in  the  county  of  Rensselaer,  shall  annually,  at  least  three  weeks  be 
fore  their  annual  meeting,  prepare  an  estimate  of  the  amount  which  they 
shall  deem  necessary  to  pay  the  debts  of  such  district,  and  tor  the  support 
of  common  schools  therein,  for  the  ensuing  year,  exclusive  of  the  moneys 
which  they  may  be  entitled  to  receive  from  the  town  superintendent,  and  in- 


305 

eluding  the  sums  required  for  the  purchase  of  necessary  furniture,  apparatus 
and  books,  and  for  contingent  expenses,  and  shall  cause  printed  or  written 
notices  thereof  to  be  posted  for  two  weeks  thereafter,  in  five  or  more  of  the 
most  public  places  in  said  district.  They  shall  present  such  estimate  at  such 
annual  meeting,  when  the  inhabitants  of  such  district,  entitled  to  vote  at 
school  district  meetings,  then  present,  shall  vote  thereon,  and  the  same  having 
been  approved  of  by  a  majority  of  such  inhabitants,  shall  be  levied  and  raised 
by  tax  on  such  district,  as  now  provided  by  law  for  raising  a  district  school  tax. 

§  2.  "When  the  trustees  shall  have  completed  the  tax  list,  they  shall  issue 
their  warrant  to  the  collector  of  taxes  of  said  district,  returnable  in  thirty 
days,  for  the  collection  of  the  same,  and  take  from  such  collector  approved 
security  for  the  performance  of  his  duty ;  such  warrant  may  be  renewed  from 
time  to  time.  The  moneys  so  collected  shall  be  paid  to  said  trustees,  and  by 
them  appropriated  to  the  purposes  for  which  the  same  was  voted,  unless  oth 
erwise  directed  by  a  vote  of  the  inhabitants,  at  their  annual  district  school 
meeting,  or  a  special  meeting  called  for  the  purpose. 

§  8.  The  tax  hereby  imposed  shall  be  a  lien  upon  the  lands  taxed,  to 
be  enforced  and  collected  by  sale,  in  the  manner  that  county  taxes  are,  upon 
a  return  to  be  made  by  said  collector  to  the  treasurer  of  the  county,  of  all  un 
paid  taxes  in  said  district. 

§  4.     This  act  shall  take  effect  immediately. 

LOCKPORT. 

[Laws  of  1847,     Chap.  51,  Laws  of  1850.  Chap.  77,] 
AN  ACT  in  relation  to  common  schools  in  the  village  of  Lockport. 

Passed  March  31,  1847,  <:  three-fifths  being  present." 

The  People  of  the  State  of  New  -  York,  represented  in  Senate  and  Assembly, 
do  Enact  as  follows  : 

§  1.  School  districts  numbers  one,  two,  five,  seven,  eight,  fifteen  and  six 
teen,  of  Lockport,  lying  principally  within  the  village  of  Lockport,  are  here 
by  consolidated  for  "the  purposes  and  to  the  extent  in  this  act  specified  ;  and 
shall  hereafter,  for  such  purposes,  and  to  such  extent,  form  but  one  school  dis 
trict,  to  be  called  "  The  union  school  district  of  Lockport." 

§  2.  Said  seven  school  districts  shall  remain  and  continue  separate  and 
distinct,  for  the  purposes  and  to  the  extent  in  this  act  specified  :  and  shall  be 
called  "  primary  school  districts,"  and  numbered  as  follows : 

Said  district  number  one,  shall  form  primary  district  number  one  : 

Said  district  number  two,  shall  form  primary  district  number  two ; 

Said  district  number  seven,  shall  form  primary  district  number  three ; 

Said  district  number  fifteen,  shall  form  primary  district  number  four ; 

Said  district  number  eight,  shall  form  primary  district  number  five; 

Said  district  number  sixteen,  shall  form  primary  district  number  six  ;  and 

Said  district  number  five,  shall  form  primary  district  number  seven. 

Said  districts  shall  not  be  subject  to  alteration  except  by  the  acts  of  the 
legislature,  or  by  resolution  of  the  board  of  education  hereinafter  created. 
The  schools  in  said  primary  districts,  shall  be  used  as  preparatory  schools  for 
the  instruction  of  children  until  they  arrive  at  a  certain  age,  and  attain  a  cer 
tain  proficiency  in  learning ;  who  shall  then  be  transferred,  upon  the  proper 
testimonials,  into  the  union  school  hereinafter  mentioned  ;  the  age,  qualifica 
tions  and  testimonials,  to  be  prescribed  by  the  by-laws,  rules  and  regulations 
of  the  board  of  education  hereinafter  created. 

§  3.     Sullivan  Caverno,  residing  in  primary  district  number  one  ; 

William  G-.  M'Master.  residing  in  primary  district  number  two  ; 

Joseph  T.  Bellah,  residing  in  primary  district  number  three ; 

Silas  H.  Marks,  residing  in  primary  district  number  four  ; 
20 


306 

Isaac  C.  Cottlton,  residing  in  primary  district  number  five  ; 

John  S.  Woolcott,  residing  in  primary  district  number  six  ;  and 

Edwin  L.  Boardman,  residing  in  primary  district  number  seven,  are.hereby 
appointed  trustees  in  behalf  of  such  districts  respectively ;  and  Nathan  Dayton, 
Samuel  Works,  Jonathan  L.  Woods,  Lyman  A.  opaulding  and  Hiram  Gardner, 
we  hereby  appointed  trustees  in  behalf  of  said  union  district.  The  trustees 
•o  named,  and  their  successors,  to  be  chosen  as  hereinafter  provided,  are  here- 
by  constituted  a  corporation  by  the  name  of  "  The  board  of  education  for  the- 
Tillage  of  Lockport." 

§  4.  On  the  first  Monday  of  September  next,  there  shall  be  elected,  in  the 
manner  that  trustees  of  school  districts  are  now  elected,  by  each  primary  dis 
trict,  one  trustee,  (who  shall  be  a  resident  of  such  primary  district,)  to  fill  the 
places  of  those  named  in  the  last  section,  in  behalf  of  such  districts  respect 
ively.  On  the  first  Monday  of  October  next,  there  shall  be  elected  in  like 
manner,  by  a  meeting  of  the  persons  qualified  to  vote  for  school  district  offi 
cers,  residing  within  the  bounds  of  said  union  district,  five  trustees,  resident 
of  said  union  district,  to  fill  the  places  of  those  named  in  the  last  section,  in 
behalf  of  said  union  district  Annually  thereafter,  on  the  days  above  speci 
fied  for  such  elections,  there  shall  in  like  manner,  be  elected  four  trustees  to 
fill  the  places  of  those  whose  terms  shall  next  thereafter  expire,  as  hereinafter 
provided.  The  trustees  named  hi  the  third  section  above,  shall  hold  their  of 
fices  until  the  first  Monday  of  January  next,  and  until  their  successors  shall  be 
•hoseu  and  enter  upon  the  discharge  of  the  duties  of  their  offices  respectively. 
Every  officer  elected  under  this  act,  shall  enter  upon  the  duties  of  his  office 
on  the  first  Monday  of  January  next  succeeding  his  election,  and  shall  hold  his 
office  for  the  term  hereinafter  provided,  and  until  his  successor  shall  be*  elected, 
and  shall  enter  upon  the  discharge  of  the  duties  of  his  office.  Within  ten  days 
after  any  such  election,  the  clerk  of  such  district  shall  certif3r  to  said  board  of 
education,  the  names  of  the  officers  so  elected. 

§  5.  Within  ten  days  after  the  first  election  of  trustees  of  said  union  dis 
trict,  as  provided  in  the  last  section,  all  the  trustees  so  elected  by  said  primary 
and  union  districts,  or  a  majority  of  them,  shall  meet  and  cau?e  the  whole 
number  of  trustees  so  elected,  to  be  divided  into  three  classes  ;  to  be  severally 
numbered  first,  second  and  third.  The  term  of  office  of  the  first  class,  shall 
expire  at  the  end  of  one  year  ;  of  the  second  class,  at  the  end  of  two  years  ; 
and  of  the  third  class,  at  the  end  of  tliree  years  from  the  first  Monday  of  Janu- 
uary  next  There  shall  also  be  elected  in  each  of  said  districts,  at  the  time  of 
RO  electing  trustees,  a  clerk,  who  shall  hold  his  office  for  one  year,  and  until 
his  successor  be  elected,  and  enter  upon  the  duties  of  his  office. 

f)  6.  There  shall  annually  be  appointed  by  said  board  of  education,  a  col 
lector,  librarian,  and  irea-surer  of  said  union  district ;  who  shall  each,  withia 
ten  days  after  receiving  notice  in  writing,  of  his  appointment,  and  before  en 
tering  upon  the  duties  of  his  office,  execute  and  deliver  to  said  board  of  edu- 
•fttion,  a  bond  in  such  penalty,  and  with  such  sureties  as  said  board  may  re 
quire  ;•  conditioned  for  the  faithful  discharge  of  the  duties  of  his  onice.  In 
case  sruch  ?x;n.d  shaH  not  be  given  within  ten  days  after  receiving  such  notice, 
ffuc-h  office  ehifil  then: by  become  voca!:o-J,  and  «gid  board  of  educuiiou  shall 
tiiei  •  .••.'. 

$  *7  Notices  for  annual  elections,  and  ail  other  meetings  of  said  district*?, 
shall  be  given  by  w.id  board  of  education,  at  least  ten  days  before  such  elec 
tion  or  meeting,  by  publishing  such  notice  once  in  each  of  the  newspapers 
printed  in  the  village  of  Look  port ;  and  if  such  notice  bo  for  aji  election  or 
meeting  of  said  union  district,  by  posting  the  same  on  the  door  of  the  school - 
house  in  each  primary  district ;  if  such  notice  be  for  an  election  or  meeting  oi' 
any  primary  district,  then  by  posting  such  notice  on  the  door  of  the  school- 
house  in  such  district. 

§  8.  In  case  of  a  vacancy  of  any  office  mentioned  in  this  act,  occasioned  by 
the  death  of  such  officer,  his  refusal  to  serve,  removal  out  of  the  district  for 
which  he  shall  have  been  elected  or  appointed,  his  incapacity,  or  any  cause 
other  than  the  expiration  of  the  term  of  office  of  persons  elected,  said  board 


307 

of  education  may  make  an  appointment  to  fill  such  vacancy.  The  officer  90 
appointed,  shall  hold  his  office  for  the  un expired  term  of  the  person,  to  supply 
whose  place  he  shall  be  so  appointed. 

§  9.  Said  board  of  education  shall  be  a  corporate  body  in  relation  to  all 
the  powers  and  duties  conferred  upon  them  by  virtue  of  the  provisions  of  thig 
act;  a  majority  of  the  board  shall  form  a  quorum. 

§  10.  Said  board  of  education  shall  possess  all  the  powers  and  be  subject 
to  all  the  duties  in  respect  to  all  of  said  school  districts  that  the  trustees  of 
common  schools  now  possess  or  are  subject  to ;  and  such  other  powers  and  du 
ties  as  are  given  or  imposed  by  this  act.  The  clerk,  collector  and  librarian  of 
said  union  district,  shall  possess  all  the  powers,  and  be  subject  to  all  the  du 
ties  in  respect  to  said  union  district,  that  like  officers  of  common  schools  now 
possess  or  are  subject  to,  and  such  other  powers  aud  duties  as  are  given  or 
imposed  by  this  act.  The  offices  of  collector  and  librarian,  and  two  of  the  trus 
tees  of  each  of  the  school  districts  hereby  consolidated,  shall  be  abolished  from 
and  after  the  time  when  said  union  school  shall  go  ink)  operation.  In  the  mean 
time,  such  officers,  and  the  several  districts  in  district  meetings,  shall  continue 
to  discharge  such  ordinary  powers  and  duties  as  said  board  of  education  mar 
by  resolution  prescribe  ;  but  they  shall  not  possess  or  exercise  any  right  or 
power  which  may  conflict  with  the  provisions  of  this  act,  or  impair  the  powers 
hereby  intended  to  be  conferred  on  said  board  of  education,  or  in  any  way  em- 
barass  the  said  board  of  education  in  the  exercise  of  the  powers,  or  in  the  dis 
charge  of  the  duties  conferred  or  imposed  upon  said  board,  by  the  provision!! 
of  this  act. 

§  11.  Said  board  of  education,  shall,  at  its  first  meeting,  and  annually 
thereafter,  at  their  meeting  held  next  after  the  first  of  January,  in  each  year, 
appoint  one  of  their  number  president  and  another  secretary.  In  the  absenc* 
of  either  of  such  officers  at  any  regular  meeting  of  the  board,  a  president  or 
secretary  may  be  appointed  for  the  time  being. 

§  12.  The  secretary  shall  keep  a  record  of  the  proceedings  of  said  board 
of  education,  which  record,  or  a  transcript  therefrom,  certified  by  the  president 
and  secretary,  shall  be  received  in  all  courts  as  presumptive  evidence  of  the 
facts*  therein  set  forth. 

§  13.  Each  member  of  said  board  of  education,  and  every  other  officer  of 
?aid  union  district,  before  entering  upon  the  duties  of  his  office,  shall  take  and 
»ubscribe  the  oath  of  office  prescribed  by  the  constitution  of  tin's  state,  and  file 
tbe  same  with  the  secretary  of  said  board. 

§  14.  Said  board  of  education  shall  have  power,  and  it  shall  be  their 
duty, 

1 .  To  establish  and  organize  so  many  primary  schools  as  they  shall  deem 
requisite  and  expedient,  and  to  alter  and  discontinue  the  same; 

2.  To  purchase  or  hire  school  houses,  rooms  lots  or  site^  for  schbol  hou*e«, 
and  to  fence  and  improve  thorn  as  they  may  think  proper; 

3.  Upon  such  lots  or  sites,  and  upon  any  lot  or  site  now  owned  by  any  pri 
mary  district,  to  build,  enlarge,  alter,  improve  and  repair  .school  houses,  out 
houses  and  appurtenances  aa  they  may  deem  advisable  ; 

4.  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  fur 
niture  ruul  appenJa2C3,  to  provide  fnol  for  the  schools,  and  defray  their  contin 
gent  expanses,  and  thy  ex^/on'-i''.!  !A  thu  library  and  salary  of  the  librarian  ; 

5.  To  have  the  custody  and  safe  keeping  of  the  school  houses,  out  house*, 
apparatus,  books,  furniture  and  appendages,  and  seo  that  the  ordinance 
by-laws  of  said  board,  in  relation  thereto,  ba  observed  ; 

6.  To  contract  with  aacl  employ  nil  teachers,  in  all  the  schools  linger   their 
«harge.  and  at  their  pleasure  to  remove  them ; 

7-  To  pay  the  wages  of  such  teachers  out  of  the  public  money,  and  tuitioa 
fees  to  be  received  by  them  according  to  the  provisions  of  this  act,  so  far  as 
the  same  shall  be  sufficient,  and  the  de&cieney,  if  any,  out  of  the  moneys  to  be 
raised  for  general  purposes  of  education,  ua ier  aad  virtue  of  the  provisions  of 
this  act; 


308 

8.  To  fix  the  rate  of  tuition  fees  in  said  union  school,  subject  to  the  limita 
tions  and  restrictions  hereinafter  contained,  and  to  designate  some  person  or  per 
sons  to  whom  the  same  may  be  paid  previous  'to  issuing  the  warrant  for  the 
collection  thereof ;  and  by  a  resolution  of  said  board,  to  be  recorded  by  the 
secretary,  to  exempt  from  the  payment  of  the  whole  or  any  part  of  the  tuition 
fees,  such  persons  as  they  may  deem  entitled  to  such  exemption,  from  indi 
gence,  or  any  other  sufficient  cause ; 

9.  After  the  close  of  each  quarter  of  said  union  school,  to  make  out  a  rate-bill, 
containing  the  name  of  each  person  liable  to  pay  tuition  fees  for  tuition  in  said 
union  school,  who  shall  not  have  paid  the  same  prior  to  making  out  such  rate-bill, 
according  to  the  provisions  of  the  last  preceding  sub-division  of  this  section,  and 
the  amount  for   which  such    person  is    liable,  adding  thereto   a  sum  not 
exceeding  five  cents  on  each  dollar  for  collector's  fees,  (which  fees  shall  be  fixed 
by  said  board,  at  the  time  of  making  out  every  rate-bill,)  to  annex  thereto  a 
warrant  for  the  collection  thereof,  to  be  signed  by  the  president  of  said  board 
or  a  majority  of  the  members  thereof,  and  deliver  the  same  to  the  collector,  who 
shall  collect  the   same  in  the  same  manner  as  collectors  of  school  districts  are 
by  law  authorized  and  required  to  execute  like  warrants  issued  by  the  trustees 
of  common  school  districts ;  and  who,  in  the  execution  of  the  same,  shall  be 
under  the  same  protection,  possess  all  the  powers,  and  be  subject  to  all  the  du 
ties  as  such  collectors  now  have,  possess,  and  are  subject  to  in  respect  to  like 
warrants ;  and  for  this  purpose,  the  jurisdiction  of  said   board  of  education, 
and  of  said  collector,  shall  extend  to  any  other  district  or  town,  and  to  any  resi 
dent  of  such  other  district  or  town,  who  may  be  liable  for  tuition  in  said  union 
school,  in  the   same  manner  and  with  the  like  authority,  as  to  said  union  dis 
trict,  or  residents  of  said  union  district ; 

10.  To  have  in  all  respects  the  superintendence,  supervision,  management 
and  control  of  all  the  schools  mentioned  or  contemplated  in,  and  by  the  pro 
visions  of  this  act ;  to  prescribe   the   course  of  studies   therein,  the  books  to 
be  used  and  establish  an  uniformity  in  respect  to  such  course  of  studies  and 
books  ;  from  time  to  time  to  adopt,  alter,  modify  and  repeal,  as  they   deem 
expedient,  rules,  regulations  and  ordinances,  for  the  organization,  government 
and  instructions  of  such  schools,  for  tke  reception  of  pupils  and  their  transfer 
from  one  school  to  another  ;  for  the  promotion  of  their  good  order,  prosperity 
and   public  utility ;  for  the  protection,  safe  keeping,  care  and   preservation 
of  school  houses,  lots,  sites  and  appurtenances,  and  all  other  property  connec 
ted  with  or  appertaining  to  such  schools  ; 

11.  To  cause  such  rules,  regulations,  ordinances  and  by-laws  to  be  pub 
lished  in  such  manner  and  form,   as  they  may  deem  best  calculated  to  give 
general  information  ;  to  cause  one  copy  thereof,  together  with  a  copy  of  ^his 
act  to  be  kept  in  each  of  said  schools,  and  such  parts  thereof  as  relate  to 
such    schools    respectively,  to  be  read  therein,  at  least  once   during  each 
quarter ; 

12.  Said  board  of  education  shall  in  all  respects  be  subject  to  the   visita 
tion  and  control  of  the  superintendents  of  common  schools  of  the  town,  coun 
ty  and  state  in  the  same  manner  as  the   common  schools  in  this  state  are 
subject. 

§  15.  Said  board  of  education  shall  have  power,  and  it  shall  be  their 
duty,  to  raise  from  to  time,  by  tax  upon  the  real  and  personal  estate  within 
the  bounds  of  said  union  district  which  shall  be  liable  to  taxation  for  the 
ordinary  taxes  of  said  village,  or  for  town  or  county  charges,  such  sums  as  may 
be  determined  by  resolution  of  said  board,  to  be  necessary  for  any  and  all 
the  purposes  mentioned  in  the  last  preceding  section,  or  to  meet  any  deficiency 
arising  from  any  cause  connected  with  the  subject  of  education  in  said  village, 
to  provide  for  which,  power  shall  be  given  to  said  board  by  the  provisions 
of  this  act,  the  laws  relating  to  common  schools,  or  the  rules  and  regulations 
of  the  superintendent  of  common  schools.  "Whenever  any  sum  of  money 
shall  be  needed  by  any  primary  district,  for  any  of  the  objects  in  this  or  the 
last  preceding  section  mentioned,  except  for  teachers'  wages,  said  board  of 
education  shall  cause  such  amount  to  be  assessed,  levied  and  collected  from 


the  property  of  such  district  by  the  same  warrant,  in  addition  to,  and  in 
connection  with  the  tax  next  to  be  raised  for  the  general  purposes  of  educa 
tion,  under  and  by  virtue  of  the  provisions  of  this  act ;  making  therefor  a 
separate  column  in  said  tax  list.  The  treasurer  shall  keep  a  separate  account 
of  all  moneys  so  raised  for  such  primary  district,  and  said  board  of  education 
shall,  by  orders  on  such  specific  fund,  draw  out  such  moneys  only  for  such 
objects,  and  in  favor  of  such  primary  district. 

Said  board  of  education  shall,  at  the  commencement  of  each  year,  make  an 
estimate  by  the  best  means  in  their  power,  of  the  amount  of  money  which 
will  be  needed  for  all  the  purposes  of  education,  and  other  purposes  pro 
vided  for  by  this  act,  over  and  above  the  moneys  to  be  received  from  the 
town  superintendent,  and  from  tuition  fees,  and  shall  cause  the  same  to  be 
raised  by  one  assessment  and  warrant ;  and  not  more  than  two  taxes  for 
•such  purposes,  shall  ever  be  raised  in  one  year. 

The  amount  of  money  so  to  be  raised  in  any  one  year,  after  the  first  year, 
shall  not  be  less  than  the  amount  received  in  behalf  of  all  said  districts,  from 
the  town  superintendent,  for  the  year  next  preceding  ;  nor  more  than  four 
times  that  amount,  unless  such  greater  amount  shall  be  authorized  by  a  vote 
of  the  taxable  inhabitants  of  said  union  district,  at  a  regular  meeting  of  such 
district. 

§  16.  Said  board  of  education  shall  have  power,  and  it  shall  be  their  duty, 
forthwith  to  purchase  a  suitable  lot,  so  situated  as  best  to  convene  the  whole 
of  said  union  district,  not  to  exceed,  in  cost,  the  sum  of  twenty-five  hundred 
dollars,  and  procure  a  clear  title  thereof,  to  be  vested,  by  deed",  in  said  board 
of  education;  to  cause  said  lotto  be  graded,  fenced,  and  otherwise  properly 
improved  ;  to  erect  thereon  a  suitable  and  proper  building  or  buildings,  to  be 
built  of  stone  or  brick,  not  to  exceed  in  expense,  the  sum  of  eight  thousand 
dollars,  nor  to  cost  less  than  five  thousand  dollars ;  furnish  the  same  with  all 
proper,  useful  and  necessary  furniture,  apparatus  and  appendages ;  as  soon 
as  the  building  is  in  proper  condition,  employ  a  sufficient  number  of  well 
qualified  teachers,  male  and  female,  and  cause  a.  school  to  be  commenced 
therein,  to  be  called  "The  Lockport  Union  School,"  in  which  shall  be  taught 
only  the  higher  branches  of  education. 

The  tuition  fee  in  said  union  school,  shall  not  exceed  two  dollars  each,  per 
quarter,  for  pupils  whose  parents  or  guardians  reside  within  the  territory  of 
said  union  district;  for  all  other  pupils,  said  tuition  fee  shall  not  be  less  than 
two  dollars,  nor  more  than  five  dollars  per  quarter.  jSTc>  tuition  fee  shall 
thereafter  be  charged,  nor  any  rate  bill  be  made  for  tuition  in  the  primary 
schools,  but  the  same  shall  be  free  schools. 

55  17.  Said  board  of  education  shall,  as  soon  as  practicable  make  an  esti 
mate  of  the  amount  of  money,  which,  in  their  opinion,  will  be  necessary  for 
the  purposes  in  the  last  section  specified,  ami  also  for  such  purposes  specified 
in  section  fourteen,  of  this  act,  as  may  be  needed  or  required  for  the  first 
year,  and  shall  forthwith  assess,  levy  and  collect  the  same,  by  tax  upon  real 
and  personal  estate,  as  specified  in  section  fifteen  of  this  act.  They  shall', 
for  this  and  all  other  taxes  to  be  raised  by  them,  make  out  a  tax  list,  in  the' 
manner  and  form  in  which  like  tax  lists  are  now  made  by  trustees  of  school 
districts,  so  far  as  such  form  is  applicable,  annex  thereto,  a  warrant  in  like 
form,  signed  by  the  president  or  a  majority  of  the  members  of  said  board, 
and  deliver  the  same  to  the  collector ;  which,  when  so  made  and  signed,  shall 
be  as  effectual  to  all  intents  and  purposes,  as  like  tax  lists  and°  warrants, 
when  made  by  the  trustees  of  common  school  districts.  Said  board  mav,  in 
respect  to  the  collection  of  all  taxes,  conform  to  the  provisions  of  the  twenty- 
ninth,  thirtieth  and  thirty -first  sections  of  the  one  hundred  and  eightieth  chap 
ter  of  the  Session  Laws  of  one  thousand  eight  hundred  and  forty-five,  and 
require  the  collector  to  comply  with  the  provisions  of  said  sections,  so  far  as 
the  same  are  applicable.  Said  board  may  so  far  vary  from  the  provisions  of 
paid  sections,  as  to  time  and  places,  as  to  render  them  applicable,  and  may 
make  such  warrants  returnable  at  sixty  or  ninety  days,  in  their  discretion, 
instead  of  thirty  days,  as  now  required  by  law,  in  respect  to  such  warrants 


310 

made  by  trustees  of  common  school  districts ;  but  all  property  now  exempt, 
by  section  twenty-two,  title  five,  chapter  six,  part  third  of  the  Revised  Statutes, 
from  execution  shall  be  exempt  from  all  such  warrants. 

£  18.  All  moneys  to  be  raised  by  virtue  of  this  act,  and  all  moneys  by  law. 
Appropriated  to,  or  provided  for  said  districts,  shall  be  paid  to  the  treasurer 
of  said  board,  who  together  with  the  sureties  upon  his  official  bond,  shall  b« 
Accountable  therefor,  to  said  board  of  education.  Said  treasurer  shall  not  pay 
out  any  of  such  moneys,  except  by  resolution  of  said  board,  and  upon  an  order 
drawn  by  the  president  and  certified  by  the  secretary,  to  be  so  drawn  in 
pursuance  of  such  resolution. 

§  19.  Said  board  of  education  shall  meet  for  the  transaction  of  business, 
AS  often  as  once  in  each  month,  and  may  adjourn  for  any  shorter  time.  Special 
meetings  may  be  called  by  the  president,  or  in  his  absence  or  inability  to  act, 
by  the  secretary  or  any  other  member  of  the  board,  as  often  as  necessary,  by 
giving  personal  notice  to  each  member  of  the  board,  or  causing  a  written  or 
printed  notice  to  be  left  at  his  last  place  of  residence,  at  least  twenty-four 
hours  before  the  hour  of  meeting.  No  member  of  said  board  shall  receive 
any  pay  or  compensation  for  his  services.  It  shall  not  be  lawful  for  any 
member  of  said  board,  or  any  other  officer  of  either  of  said  districts,  to  become 
a  contractor  for  building  or  making  any  improvement  or  repairs  authorized 
by  this  act,  or  be  in  any  manner,  directly  or  indirectly,  interested,  either  as 
principal,  partner  or  surety  in  any  such  contract.  All  contracts,  made  in  vio 
lation  of  this  provision,  shall  be  absolutely  void,  and  the  person  so  violating, 
shall  forfeit  the  sum  of  fifty  dollars  ;  to  be  prosecuted  for,  and  recovered  by 
said  board. 

§  20.  Instead  of  the  report  now  required  by  Jaw  to  be  made  by  trustees 
of  school  districts,  to  the  town  superintendent  of  common  schools,'  the  trus 
tee  so  to  be  elected  for  each  primary  district,  shall,  within  the  time  now  re 
quired  by  law,  make  such  report  to  said  board  of  education,  and  shall  therein 
embrace  such  other  and  further  matters  as  may  be  required  and  prescribed  by 
said  board,  or  as  such  trustee  may  think  the  interests  of  such  primary  dis 
trict  or  school  may  require.  Said  boavd  of  education  shall,  annually,  be 
tween  the  first  of  January  and  the  first  of  March,  in  each  year,  make  to  the 
town  superintendent  of  common  schools,  a  report,  containing  all  such  matters 
relating,  as  well  to  said  Union  district  and  Union  school,  as  to  said  primary 
districts  and  their  schools,  as  is  now,  or  shall  hereafter  be  required  by  law,  or 
the  regulations  of  the  superintendent  of  common  schools,  to  be  reported  to 
said  town  superintendent,  and  such  other  and  further  matters  as  they  may 
deem  advisable.  Such  report  shall  be  received  by.  said  town  superintendent, 
instead  of  the  reports  now  required  from  each,  of  said  seven  districts.  A 
copy  of  such  report  shall  be  filed  with  the  secretary  of  said  board. 

§21.  Said  board  of  education  shall,  from  time  to  time,  appoint  such,  and 
so  many  members  of  their  board,  as  they  may  deem  proper,  not  less  than 
three  in  number,  a  visiting  committee  ;  whose  duty  it  shall  be  to  visit  said 
union  school,  and  each  of  said  primary  schools,  as  often  as  once  in  each  quar 
ter;  and  make  a  report  in  writing  to  raid  board,  showing  the  state  and  con 
dition  of  each  school,  school-house,  apparatus  and  appendages,  and  such 
other  matters  as  said  board  may  require  of  them,  and  such  suggestions  for 
the  improvement  of  the  same,  as  they  may  deem  proper  and  advisable ;  such 
reports  shall  be  filed  and  kept  among  the  papers  of  said  board.  Such  board 
may  in  their  discretion,  cause  such  reports,  or  any  parts  of  the  same,  or  the 
.lubstance  thereof,  and  any  and  all  other  matters  relating  to  said  schools,  to 
be  published  in  such  form" as  they  may  deem  advisable.  They  shall,  at  the 
close  of  each  year,  publish  in  one  or  more  of  the  village  newspapers,  a  report 
•f  the  moneys  received  and  expended  by  them,  during  the  year,  and  such 
ether  matters  as  they  deem  advisable. 

§  22.  Whenever,  in  the  opinion  of  said  board,  the  interests  of  any  primary 
district,  require  the  sale  or  exchange  of  the  school  lot  therein,  .-aid  board 
may  cause  such  sale  or  exchange  to  be  made,  and  hold  the  proceeds  thereof, 

rthe  use  and  benent  of  such  primary  district. 


311 

§  23.  The  title  of  school-houses,  sites,  lots,  furniture,  books,  apparatus 
and  appurtenances,  and  all  other  school  property  in  this  act  mentioned,  shall 
be  vested  in  said  board  of  education  ;  and  the  same,  while  used  for,  or  ap 
propriated  to  school  purposes,  shall  be  exempt  from  all  taxes  and  assessment*, 
and  shall  not  be  liable  to  be  levied  upon,  or  sold  by  virtue  of  any  warrant 
or  execution.  Said  board  of  education,  in  their  corporate  capacity,  shall  be 
able  to  take,  hold  and  dispose  of  any  real  or  personal  estate,  transferred  to 
it  by  gift,  grant,  bequest  or  devise,  for  the  use  of  said  schools,  or  any  or 
either  of  them.  Provided,  however,  that  said  board  shall  not  have  power  to 
sell,  grant,  dispose  of  or  incumber,  said  union  school  lot. 

§  24.  Every  officer  in  this  act  mentioned,  having  at  the  time,  the  pos 
session,  custody,  care,  charge  or  control,  of  any  property  belonging  to  said 
schools,  or  any  or  either  of  them,  or  any  money  raised  by  the  provisions  of 
act,  or  provided  by  law  for  the  purposes  of  education  in  said  village,  shall, 
at  the  expiration  of  his  term,  or  whenever  such  officer  shall  resign,  be  remov 
ed  from  office,  cease  to  act,  or  his  office  be  otherwise  vacated,  transfer  all 
such  property,  and  pay  over  all  such  money  to  the  board  of  education. 

§  25.  Every  resignation  of  officers  appointed  or  elected  under  this  a«t, 
shall  be  made  to  the  board  of  education,  and  such  resignation  shall  have  no 
force  or  effect,  nor  in  any  degree  excuse  such  officer  from  the  discharge  of 
his  duties,  until  the  same  be  accepted  and  approved  by  a  resolution  of  said 
board. 

§  26.  Any  such  officer  may  be  removed  from  office  for  any  official  mis 
conduct  or  neglect  of  official  duty,  by  resolution  of  said  board  ;  two  thirds 
of  the  members  thereof  concurring. "  Opportunity  shall  be  given  to  every 
such  officer  to  be  heard  in  his  defence,  before  any  such  resolution  shall  be 
adopted. 

§  27.  Every  person  appointed  or  elected  to  any  office  mentioned  in  this 
act,  who,  without  sufficient  cause,  shall  refuse  to  serve  therein,  shall  forfeit 
the  sum  of  ten  dollars ;  and  every  person  so  appointed  or  elected,  and  not 
having  refused  to  accept,  who  shall  neglect  to  discharge  the  duties  of  such 
office,  shall  forfeit  the  sum  of  twenty  dollars  to  sai'l  board  of  education. 
It  shall  be  the  duty  of  said  board  of  education,  forthwith,  to  prosecute  for 
all  forfeitures  and  penalties  under  this  act,  and  when  recovered,  to  apply 
the  same  to  the  purposes  of  education  in  said  village.  All  officers  mention 
ed  in  this  act,  shall  be  deemed  public  officers,  within  the  intent  and  mean 
ing  of  section  thirty  eight,  of  title  six,  of  chapter  one,  part  four  of  the  Revised 
Statutes ;  and  as  such,  liable  to  the  penalty  therein  prescribed,  in  addition  to 
the  penalty  in  this  section  before  provided. 

§  28.  The  several  libraries  of  the  said  seven  districts  are  hereby  consolida 
ted  into  one.  Said  board  of  education  shall  cause  a  suitable  and  proper 
room  to  be  fitted  up  in  said  union  school  building,  and  furnished  with  nec 
essary  and  suitable  fixtures,  furniture,  apparatus  and  appendages,  and 
transfer  said  library  thereto,  and  put  it  under  the  charge  of  a  librarian.  They 
shall  annually  allow  and  pay  to  said  librarian,  such  salary  as  in  their  opinion, 
shall  be  a  fair  and  reasonable  compensation  for  his  services,  but  not  to  exceed 
the  sum  of  fifty  dollars  in  any  one  year.  They  shall  pass  such  by-laws  for 
the  regulation  and  preservation  of  said  library,  and  for  the  discharge  of  th« 
duties  of  the  librarian,  as  they  may  think  necessary.  The'  library  money 
hereafter  to  be  received  in  behalf  of  said  districts,  shall  be  paid  by  the  town 
superintendent  to  the  treasurer  of  said  board.  Said  board  shall  expend  such 
money  entirely  for  the  purchase  of  books  and  maps  for  the  library.' 

§  29.  Lands  of  residents  and  non-residents  of  said  districts  may  be  sold 
by  said  board,  for  uncollected  taxes  assessed  thereon  for  school  purposes,  by 
virtue  of  the  provisions  of  this  act,  in  the  same  manner,  and  by  like  proceed 
ings  as  the  trustees  of  said  village  adopt  to  sell  lands  for  unpaid  taxes  asses 
sed  for  village  purposes,  and  such  sales  shall  have  the  like  effect  as  sales'  so 
made  by  the  trustees  of  said  village  ;  or  the  lands  of  residents  and  non-resi 
dents  of  said  districts,  said  board  may  cause  to  be  returned  to  the  county- 
treasurer,  in  the  same  manner  as  trustees  of  common  school  districts  are  now 


312 

authorized  by  law  to  return  unoccupied  and  unimproved  real  estate  of  non 
residents  of  their  districts,  for  unpaid  taxes  assessed  thereon.  Said  county 
treasurer  shall  pay  to  said  board  the  amount  of  such  taxes,  out  of  any  moneys 
in  the  county  treasury  raised  for  contingent  expenses,  and  such  proceedings 
in  all  respects,  shall  thereafter  be  had  by  said  county  treasurer,  and  the 
board  of  supervisors  of  the  county  of  Niagara  in  relation  to  all  lands  so 
returned,  as  they  are  by  law  required  to  take  in  respect  to  unoccupied  and 
unimproved  lands  of  non-residents,  when  so  returned  by  trustees  of  common 
school  district?.  But  no  lands  shall  be  so  sold  or  returned,  until  a  reasonable 
effort  shall  have  been  made  to  collect  such  taxes  by  warrant,  as  provided  in 
section  seventeen  of  this  act,  and  the  collector  shall  have  returned  that  he 
cannot  collect  the  same. 

§  30.  Said  board  of  education  may  cause  a  school  for  colored  children  to 
be  taught  in  said  village,  and  include  the  expenses  thereof  in  the  amount  so 
to  be  raised  annually  by  tax,  for  contingent  expenses  and  other  purposes  of 
education  provided  for  in  this  act. 

§  31.  Said  board  of  education  may  organize  in  said  union  school,  a  de 
partment  for  the  instruction  of  teachers,  for  such  parts  of  the  year,  and  under 
such  rules  and  regulations,  as  they  may  by  their  by-laws  adopt  relative 
thereto. 

§  32.  Said  board  of  education,  may  at  any  time  hereafter,  whenever  in 
their  opinion  the  wants  and  interests  of  said  schools  shall  require  it,  establish 
a  class  of  so  many  schools  intermediate  said  primary  and  union  schools  as 
they  may  deem  advisable,  to  be  called  secondary  schools,  and  for  this  pur 
pose  consolidate  such  and  so  many  of  said  primary  districts,  as  they  may 
tleem  advisable,  prescribe  the  tuition  fees  and  course  of  studies  therein,  and 
so  arrange  and  regulate  the  system  of  instruction  in  all  of  said  schools,  that 
the  transfer  of  pupils  shall  thereafter  be  from  the  primary,  directly  into  the 
secondary,  and  thence  into  the  union  school.  And  for  this  purpose,  and  for 
the  organization,-  government  and  regulation  of  said  secondary  schools,  said 
board  shall  have  all  such  powers  as  are  hereinbefore  conferred  upon  them, 
in  respect  to  said  primary  and  union  schools  and  their  districts  and  property 

[Chap.  77,  Laws  of  1850.] 

§1.  The  provisions  of  the  act  entitled  "  An  Act  in  relation  to  Common 
Schools  in  the  village  of  Lockport,"  passed  March  31,  1847,  are  not  and  shall 
not  be  deemed  or  adjudged  to  be  or  to  have  been  affected,  altered  or  im 
paired  by  the  act  entitled  "An  act  establishing  Free  Schools  throughout  the 
State,"  passed  March  26,  1849. 

§  2.  "The  board  of  education  for  the  village  of  Lockport"  is  hereby 
authorized  to  increase  the  rates  of  tuition  fees  in  the  Union  School  under  its 
charge,  and  to  graduate  the  same  according  to  the  branches  of  instruction 
pursued. 

§  3.  Said  board  of  education  is  hereby  authorized  to  appoint  a  superin 
tendent  of  the  schools  under  its  charge,  with  such  powers  and  duties  and 
compensation  as  said  board  shall  prescribe. 

§  4.  From  and  after  the  first  day  of  April  next,  so  long  as  the  common 
schools  of  this  state  shall  be  free,  the  said  board  of  education  shall  cause  each 
of  the  secondary  schools  under  its  charge  to  be  taught  by  a  competent  malt; 
teacher,  or  a  male  and  female  teachers,  and  the  usual  common  school  studies 
shall  be  free  ;  but  for  the  time  prior  to  the  said  first  day  of  April  next,  said 
board  may  collect  tuition  fees  for  instruction  therein,  as  well  as  in  the  Union 
school,  as  they  have  heretofore  done;  and  such  studies  shall  be  taught  in 
said  Union  school  as  said  board  may  prescribe. 

i  5.  Said  board  shall  not  raise  by  tax  upon  the  property  in  the  Union 
hchool  district,  any  money  for  the  salaries  of  teachers  in  the  Union  school 
tlis'trict,  which  shall  accrue  after  the  first  day  of  April  next. 

§  6.  The  acts  and  doings  of  said  board  of  education,  in  accordance  with 
the  provisions  of  their  act  of  incorporation,  since  the  act  entitled  "  An  act 
establishing  free  schools  throughout  the  state."  passed  March  26,  1849,  took 
effect  are  hereby  ratified  and  confirmed. 


313 

§  7.  The  public  money  which  shall  be  apportioned  to  the  districts  includ 
ed  in  the  said  Union  school  district,  shall  be  paid  to  said  board,  and  be  ap 
plied  by  them  to  teachers'  wages  in  the  several  schools  in  their  charge  in 
said  district,  in  proportion  to  the  average  number  of  scholars  pursuing  com 
mon  school  studies  in  each  of  said  schools.  The  annual  report  of  receipts 
and  expenditures  required  to  be  published  by  said  board,  shall  specify  all 
sums  received,  and  from  whom,  and  all  persons  to  whom  payments  were 
made,  and  the  general  character  of  the  demands  paid. 

Upon  the  application  of  said  board  of  education  to  "  the  Regents  of  the 
University  of  the  State  of  New  York,"  said  regents  may  acknowledge  and 
declare  said  Union  school  to  be  an  academy  ;  and  it  shall  thereafter  be  an 
academy,  subject  to,  and  to  be  governed  by,  the  provisions  of  the  act  author 
izing  said 'Union  school,  and  subject  to  such  rules  and  regulations  as  said 
regents  mayprescribe. 

MEDINA. 

[Laws  of  1849.  Chap.  286,  as  amended  by  Chap.  381  Laws  0/1850.] 
AN  ACT  in  relation  to  common  schools  in  the  village  of  Medina 

Passed  April  9,  1849,  "three-fifths  being  present." 

The  People  of  the  State  of  New- York t  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1.  There  shall  hereafter  be  elected  in  school  district  number  twelve, 
formed  partly  out  of  the  town  of  Ridgeway  and  partly  out  of  the  town  of 
Shelby,  in  the  county  of  Orleans,  and  lying  principally  within  the  village 
of  Medina,  in  the  manner  now  provided  by  law,  three  trustees,  who  shall, 
respectively,  hold  their  offices  three  years.  Christopher  Whaley,  Silas  M. 
Burroughs,  John  Ryan,  Daniel  Starr,  Isaac  W.  Swan  and  Archibald  Servoss, 
are  hereby  appointed  trustees  of  said  district,  and  shall,  respectively,  hold 
said  office  as  follows,  namely :  the  term  of  office  of  Christopher  Whaley  and 
Silas  M.  Burroughs  shall  expire  at  the  same  time  that  the  term  of  office  of 
Roswell  Starr,  as  trustee  of  said  district,  shall  expire.  The  term  of  office  of 
John  Ryan  and  Daniel  Starr  shall  expire  at  the  same  time  that  the  term  of 
office  of  Isaac  K.  Burroughs,  as  trustee  of  said  district,  shall  expire ;  and  the 
term  of  office  of  Isaac  W.  Swan  and  Archibald  Servoss  shall  expire  at  the 
same  time  that  the  term  of  office  of  Nathan  Bancroft,  as  trustee  of  said  dis 
trict  shall  expire. 

§  2.  The  trustees  of  said  district  and  their  successors  in  office  shall  con 
stitute  a  board  of  education  for  said  district  and  for  the  purposes  of  this  act 
in  addition  to  the  present  powers  and  duties  of  trustees,  are  hereby  constitut 
ed  a  body  politic  and  corporate,  by  the  name  and  style  of  "The  board  of  edu 
cation  of  the  village  of  Medina,"  and  said  corporation  shall  have  power  to 
establish  and  organize  a  classical  school  in  said  village  to  be  known  by  the 
name  of  "The  Medina  Academy,"  and  such  classical  school  shall  be  subject  to 
all  laws  and  regulations  applicable  to  other  incorporated  academies  of  this 
state  and  shall  be  entitled  to  share  in  the  distribution  of  the  monies  of  the 
literature  fund  upon  the  same  terms  as  other  academies  of  this  state  ;  and  the 
regents  of  the  university  shall  recognize  said  academy  as  such  as  scon  as  the 
required  sum  of  money  shall  be  expended  in  buildings,  and  competent 
teachers  employed  therein. 

§  3.  Said  board  of  education  shall  appoint  one  of  their  number  president 
of  said  board,  who  shall  preside  at  the  meetings  of  said  board  when  present; 
when  absent  a  president  pro  tempore  shall  be  appointed  in  his  stead.  They 
shall  also  appoint  one  of  their  number  secretary,  who  shall  record  all  the  acts 
doings  and  resolutions  oj"  said  board  ;  and  in  the  absence  of  the  secretary  a 
secretary  pro  tempore  shall  be  appointed  to  discharge  such  duties.  They 
shall  also  appoint  a  collector,  librarian,  and  treasurer  of  said  district  who  shall 


314 

respectively,  hold  their  offices  one  year  from  their  appointment,  and  until 
others  are  appointed  in  their  places,  unless  sooner  removed  by  said  board  ; 
•uch  collector,  librarian  and  treasurer  shall  each,  within  ten  days  after  notice 
of  their  appointment,  in  writing,  and.  before  entering  upon  the  duties  of  their 
office,  execute  and  deliver  to  said  board  of  education  a  bond,  in  such  penalty 
and  with  such  sureties  as  said  board  may  require,  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  office.  In  case  such  bond  shall  not  be  given  with 
in  ten  days  after  receiving  such  notice,  such  office  shall  thereby  become  va 
cated,  and  said  board  of  education  shall  thereupon  make  an  appointment  to 
•upply  such  vacancy. 

§  4.  The  said  board  of  education  shall  have  power  to  fill  any  vacancy 
which  may  happen,  by  reason  of  the  death  or  removal  from  the  said  district  of 
any  member  of  said  board,  and  the  officer  so  appointed  shall  hold  his  office 
for  the  unexpired  time  of  the  person  to  supply  whose  place  he  shall  be  so  ap 
pointed. 

§  5.  Said  board  of  education  shall  possess  all  the  powers,  and  be  subject 
to  all  the  duties  in  respect  to  said  district,  that  the  trustees  of  common 
schools  now  possess  or  are  subject  to,  and  such  other  powers  and  duties  as 
are  given  or  imposed  by  this  act. 

§  6.  The  taxable  inhabitants,  of  said  district,  at  my  annual,  special  or  ad 
journed  meeting  legally  held,  may  vote  to  raise  such  sum  of  money  as  they 
shall  deem  expedient  for  the  purpose  of  purchasing  a  site  and  building  a 
school  house  in  said  district,  or  for  the  purpose  of  purchasing  any  suitable 
building  for  such  purpose,  and  direct  the  trustees  to  cause  the  same  to  be 
levied  and  raised  by  instalments,  and  make  out  a  tax  for  the  collection  of 
the  same  as  often  as  such  instalments  shall  become  due ;  and  the  legal  voters 
at  any  such  meeting  are  authorised  to  fix  the  compensation  for  collecting 
and  paying  over  to  the  said  board  of  education  the  amount  so  levied. 

§  7.  The  inhabitants  of  said  district  shall  have  no  power  to  rescind  th« 
vote  to  raise  such  sum  of  money,  at  any  subsequent  meeting,  unless  the  same 
be  done  within  ten  days  thereafter ;  nor  shall  they  have  power  to  reduce  th« 
amount  of  the  same  after  the  expiration  of  ten  days  from  the  time  the  tax 
was  first  levied,  but  may  remit  such  sum  as  shall  remain  unappropriated  after 
paying  for  the  site  and  erection  of  the  house  or  purchase  of  suitable  build 
ing. 

§  8.  The  said  board  of  education  are  hereby  authorised  to  obtain  by  loan 
the  whole  or  any  part  of  the  money  legally  voted  by  said  district,  and  secure 
the  payment  of  the  same  by  their  official  bond. 

§  9.  The  Comptroller  of  this  state  is  hereby  authorised  and  directed  fco 
loan  to  the  said  board  of  education,  such  sum  as  the  said  board  of  education 
shall  certify  to  said  comptroller  to  have  been  voted  by  the  inhabitants  of 
said  district,  in  pursuance  of  this  act,  not  exceeding  the  sum  of  five  thousand 
dollars,  out  of  the  moneys  in  the  treasury  belonging  to  the  capital  of  the  com 
mon  School  fund,  and  for  the  purpose  of  purchasing  a  site,  and  erecting  or 
purchasing  a  suitable  building  for  a  school  house  in  said  district ;  aud  tha 
money  when  loaned  shall  be  charged  upon^the  books  of  the  comptroller  to 
said  district  and  the  same  shall  be  paid  over  to  said  board  of  education,  to 
be  applied  by  them  for  the  purpose  of  purchasing  a  site  and  erecting  or 
purchasing  a  school  house  for  said  district. 

§  10.  The  sum  so  loaned  shall  be  paid  to  the  comptroller  of  this  State,  in 
annual  instalments  thereafter  as  determined  by  the  vote  of  said  district 
raising  such  sum  of  money,  with  annual  interest  thereon. 

§  11.  The  said  board  of  education  are  hereby  authorised,  aud  empow  ered 
to  sell  at  public  auction  to  the  highest  bidder,  the  school  house  and  site 
thereof  belonging  to  said  district,  by  giving  public  notice  to  be  posted  in  tea 
public  places  in  said  district,  ten  days  previous  to-such  sale,  and  apply  the 
proceeds  arising  from  such  sale,  towards  purchasing  a  site  and  erecting  a 
school  house  in  said  district,  or  to  such  other  purpose,  as  said  district  shall 
direct;  such  sale  may  be  made  upon  such  terms  of  credit,  as  said  board  of 
•ducation  shall  determine  upon,  and  a  bond  and  mortgage  taken  by  said 


315 

board  for  th«  whole  or  any  part  of  the  purchase  money,  or  price  for  which 
said  site  and  house  may  be  sold  and  such  bond  and  mortgage  may  be  sold  and 
assigned  by  said  board  at  par,  for  money  to  be  applied  by  them  as  herein 
provided. 

§  12.  The  said  board  of  education,  are  hereby  authorised  and  empowered 
to  make  such  by-laws  and  regulations,  as  they  may  deem  necessary  to  secure 
the  prosperity,  order  and  government  of  said  school,  and  divide  the  same  into 
primary  and  higher  departments,  and  regulate  the  transfer  of  scholars  from, 
one  department  to  the  other,  and  provide  suitable  instructors  for  each  depart 
ment,  direct  what  text  books  shall  be  used  in  the  same,  purchase  fuel  and 
other  necessaries  for  the  use  of  the  school  or  schools  in  said  district,  and 
all  contracts  made  by  them  in  their  official  capacity,  shall  be  binding  upon 
them  and  their  successors  in  office :  to  fix  and  regulate  the  terms  of  tuition 
fees  in  said  primary  and  other  higher  branches  iu  said  school  or  schools,  to 
sue  for  and  collect  in  their  corporate  name,  any  sum  of  money  due  to  said 
district :  to  receive  and  apply  to  the  uses  of  said  school  or  schools,  or  any 
department  thereof,  any  gift,  legacy,  bequest  or  annuities,  given  or  bequeath 
ed  to  said  board  and  apply  the  same,  according  to  the  instruction  of  th« 
donor  or  testator  to  take  and  hold  any  real  estate  given  or  bequeathed  to 
said  board  for  the  purposes  of  said  school  or  schools,  or  any  department 
thereof,  and  apply  the  same,  or  the  interests  or  proceeds  thereof,  according 
to  the  terms  and  instructions  of  the  donor  or  testator :  to  have  in  all  respect* 
the  superintendence,  supervision,  management  and  control  of  said  school  or 
schools,  or  any  department  thereof,  and  to  hire,  pay  and  discharge  any  teach 
er  or  teachers,  employed  by  them  in  said  school  or  department  there 
of. 

§13.  Said  board  of  education  shall  in  all  respects  be  subject  to  the  re 
strictions  and  control  of  the  superintendents  of  common  schools,  of  tha 
town,  .connty  and  state,  in  the  same  manner  as  the  common  schools  in  this 
state  are  subject. 

§  14.  Said  board  of  education  shall  have  power  and  are  hereby  authoris 
ed  to  receive  into  said  academy,  and  cause  to  be  instructed  therein  any 
pupil  or  pupils  residing  in  or  out  of  said  district,  and  to  regulate  and  estab 
lish  the  terms  of  tuition  fees  of  such  resident  or  non-resident  pupils  ;  and 
said  board  of  education  shall  have  power  to  regulate  the  tuition  fees  and 
rates  of  charges  for  instruction  in  the  higher  English  and  classical  depart 
ments  of  said  academy,  and  shall  have  power  to  make  such  application  of  the 
money  raised  for  the  support  of  common  schools  in  said  district  for  th« 
payment  of  teacher's  wages  as  said  board  shall  determine,  and  may  divide 
and  apportion  the  same  in  such  manner  as  said  board  shall  deem  best  to  pay 
the  salaries  of  teachers  employed  in  said  academy,  or  the  elementary  Eng 
lish  schools  connected  therewith  or  maintained  in  said  district  under  their 
supervision.  The  rates  of  tuition  in  the  elementary  English  branches  in  the 
schools  maintained  in  said  district,  shall  be  subject  to  the  general  laws  relat 
ing  to  common  schools,  and  after  applying  such  portion  of  the  money  receiv 
ed  in  said  district  as  said  board  shall  determine  towards  the  support  of  such 
elementary  English  departments,  snch  sum,  not  to  be  less  than  one  half  of  all 
the  moneys  received  in  said  district  for  the  support  of  common  schools 
therein,  the  additional  sum  required  to  pay  teacher's  wages  and  provide  fuel 
and  other  contingent  expenses  necessary  to  the  support  of  such  elementary 
schools,  shall  be  estimated,  assessed,  collected  and  applied  in  the 
manner  provided  in  chapter  one  hundred  and  forty  and  four  hundred  and 
four  of  the  session  laws  of  eighteen  hundred  and^forty-nine,  or  in  sucli  other 
manner  as  shall  be  hereafter  provided  by  b\v  for  the  support  of  common 
schools. 

§  15.  All  moneys  raised  in  said  district  for  the  purposes  of  said  school, 
and  all  moneys  to  be  received  by  such  district  from  the  common  school 
fund  or  other  source,  shall  be  anually  paid  to  the  said  board  of  education,  and 
be  applied  by  them  for  the  uses  of  said  school  or  schools  according  to  law. 


316 

§  16.  The  members  of  said  board  of  education,  before  receiving  any 
moneys  belonging  to  said  district,  shall  severally  execute  to  the  towu  super 
intendent  of  common  schools  of  the  town  of  Ridgeway,  their  separate  bonds 
with  two  sufficient  sureties  to  be  approved  by  said  town  superintendent,  in  a 
penalty  at  least  double  the  amount  to  be  expended  by  them,  for  the  benefit  of 
paid  school  during  the  next  ensuing  year,  conditioned  that  such  trustee  giving 
such  bond,  will  faithfully  account  for  the  expenditure  of  all  moneys,  he  shall 
receive  for  said  district,  and  pay  over  the  balance  remaining  in  his  hands  at 
the  time  of  the  expiration  of  his  office  to  the  other  trustees,  and  the  district  at 
any  legal  meeting  thereof,  may  require  the  penalty  of  such  bond  to  be  increas 
ed,  or  additional  security  to  be  given  by  either  or  all  the  trustees,  if  they 
shall  deem  the  same  insufficient,  and  any  trustee,  treasurer  of  said  district,  or 
member  of  said  board,  who  shall  apply  any  moneys  belonging  to  said  dis 
trict  to  his  own  use  shall  be  deemed  guilty  of  embezzlement. 

§  17.     This  act  shall  take  effect  immediately. 

LODI  AND  OWEGO. 

[Laws  of  1846,  Chap.  207.] 

§  1.  The  trustees  of  school  district  number  one,  formed  from  the  towns  of 
Persia  and  Perry sburgh,  in  the  county  of  Cattaraugus,  and  the  town  of  Col 
lins,  in  the  county  of  Erie,  known  as  the  "  Lodi  Union  School  District,"  are 
hereby  authorized,  if  the  inhabitants  of  said  district  shall,  at  any  regular 
school  district  meetiug  so  direct,  to  make  thereafter,  and  until  the  said  in 
habitants  shall  in  like  manner  otherwise  direct,  separate  and  distinct  rate- 
bills,  for  the  payment  of  the  wages  of  the  teachers  in  the  primary  and  in 
the  higher  departments  of  the  school  kept  in  the  said  district ;  provided 
that  the  manner  in  which  such  rate-bills  shall  be  made,  shall  have  been  de 
termined  by  such  regular  school  district  meeting  aforesaid. 

§  2.  The  provisions  of  the  preceding  section  of  this  act  shall  also  apply 
to  school  district  number  one,  in  the  village  of  Owego,  in  the  county  of 
Tioga,  so  far  as  the  same  shall  be  applicable  to  said  district. 

NEWTOWN. 

[Laws  of  1850.     Chapter  60.] 

AN  ACT  t.o  establish  a  free  school  in  district  number  three  in  the  town  of 

Newlown. 

Passed^March  16,  1850,  "three-fifths  being  present." 

The  People  of  the  State  of  Neiv  York,  represented  in  Senate  and  Assem 
bly,  do  enact  as  follows  : 

%  1 .  School  district  number  three  in  the- town  of  Newtown,  in  the  county 
of  Queens,  shall  form  a  permanent  school  district,  and  shall  not  be  subject  to 
alteration  by  the  town  superintendent  of  common  schools  for  the  town  in 
which  said  district  is  situated. 

?  2.  The  said  district  shall  be  under  the  direction  of  a  board,  to  be  styled 
"  The  Board  of  Education,"  which  board  shall  consist  of  five  members,  three 
or  more  of  whom  shall  constitute  a  quorum  for  the  transaction  of  business. 
John  B.  Reboul,  Daniel  R.  R*emsen,  Roe  H.  Smith,  Nathaniel  Filbey  and  Al 
bert  0.  Wittemore  shall  compose  the  first  board  of  education,  and  shall 
hold  their  office  from  one  to  five  years,  that  is  to  say,  one  shall  go  out  of  of 
fice  in  each  year,  and  in  the  order  in  which  their  names  stand  recorded  in 
this  section. 

§  3.  At  the  annual  meeting  of  said  district  in  each  year,  there  shall  be 
elected,  for  five  years,  one  member  of  said  board  of  education,  who  shall  be 


317 

a  resident  and  taxable  inhabitant  of  said  district.  Said  election,  and  all  oth 
er  elections  provided  for  by  this  act,  shall  "be  held  by  three  inspectors,  who 
shall  be  appointed  by  the  board  of  education  at  least  thirty  days  preceding 
such  election,  and  shall  be  by  ballot,  and  conducted  in  the  same  manner  as 
the  annual  election  of  village  officers. 

§  4.  The  said  board  of  education  may  make  all  necessary  by-laws  for 
their  government ;  they  shall  have  the  entire  control  and  management  of  all 
the  common  schools  within  the  said  district,  and  all  the  property  belonging 
to  the  same  ;  and  they  shall  have  and  possess  within  the  said  district  all  the 
rights,  powers  and  authority  of  town  superintendent  of  common  schools,  and 
they  shall  provide  for  keeping  a  school  in  said  district  at  least  six  months  in 
each  year,  and  as  much  longer  as  may  be  practicable.  They  may  appoint  a 
collector,  with  all  the  powers  and  duties  of  a  district  collector,  or  may  em 
ploy  the  town  or  village  collector  for  that  purpose ;  and  such  collector  shall 
collect  and  pay  over  the  school  moneys  assessed  upon  said  district,  to  the 
treasurer  of  the  board  of  education,  in  the  same  manner  and  under  the  same 
eonditions  as  is  imposed  by  the  laws  of  the  town  or  village  of  which  he  is 
such  collector.  They  shall  require  two  of  the  members  of  said  board  to  vis 
it  each  school  in  said  district  at  least  once  in  each  week,  to  render  such  as 
sistance  to  the  teachers  and  advice  to  the  pupils  as  may  be  necessary,  and  to 
see  that  the  regulations  are  rigidly  adhered  to. 

§  5.  The  said  board  of  education  are  hereby  authorized  and  empowered 
to  raise  a  sum  not  exceeding  one  thousand  dollars,  by  tax  on  said  district,  to 
be  levied  and  collected  in  the  same  manner  as  taxes  are  authorized  by  law  to 
be  levied  and  collected  in  the  towns  of  this  state. 

§  6  The  said  board  of  education  are  hereby  authorized  and  directed  to 
levy  and  collect  by  tax,  in  each  year,  upon  all  the  taxable  property  and  in 
habitants,  such  sum  as  may  be  necessary,  not  exceeding  in  amount  one-fifth 
of  one  per  cent,  on  the  value  of  such  taxable  property,  as  the  same  shall  be 
assessed  by  the  assessors  of  the  town  of  ISTewtown  ;  and  the  said  board  shall 
add  to  their  warrant  for  collection  of  such  taxes,  such  amount  as  they  may 
deem  proper  for  fees  for  collection,  not  exceeding  five  per  cent  on  the 
amount. 

§  7.  The  town,  superintendent  of  common  schools  of  the  town  of  New- 
town  shall  pay  over  to  the  treasurer  of  the  board  of  education  all  the  public 
moneys  to  which  said  district  number  three  shall  be  entitled,  for  school  pur 
poses. 

§  8.  The  said  board  of  education  shall  call  an  annual  district  meeting  at 
such  time  in  the  year  as  they  may  think  proper,  and  submit  thereto  a  full 
report  in  writing  of  their  doings  as  such  board  ;  and  shall  state  therein  the 
number  and  condition  of  the  schools  in  said  district,  under  their  charge,  and 
the  number  of  scholars  attending  the  same ;  the  studies  pursued ;  the  amount 
of  moneys  received  from  the  state,  as  well  as  the  amount  raised  in  the  dis 
trict  for  school  purposes,  and  the  expenditure  of  the  same,  and  generally  all 
the  particulars  relating  to  the  schools  in  said  district ;  which  report  may,  if 
the  said  board  think  proper,  be  published  in  pamphlet  form,  or  in  nome  news 
paper  published  in  the  county. 

§  9.  The  board  of  education  shall  have  entire  control  and  charge  of  the 
district  library  ;  they  may  employ  a  librarian,  make  such  additions  to  the 
library  and  such  regulations  in  relation  thereto,  as  they  may  deem  necessary 
or  proper. 

§  10.  A  school  for  colored  children  may  be  organized  as  a  district 
school,  and  be  supported  as  the  other  schools  in  said  district  are  under  this 
act. 

§  11.  Whenever  the  said  board  of  education  shall  deem  it  necessary  to 
erect  one  or  more  school -houses  in  said  district,  they  shall  submit  the  plans 
and  estimated  cost  of  such  building  to  the  electors  of  such  district,  at  a  spe 
cial  meeting  called  for  that  purpose,  and  if  a  majority  of  such  electors  pres 
ent  shall  vote  in  favor  of  the  same,  the  said  board  may  proceed  to  erect  said 


318 

l-house  or  houses  ;  and  if  the  sums  authorized  to  be  raided  by  secti 
five  and  eix  of  this  act  shall  be  insufficient  to  pay  the  cost  of  such  building, 
then  the  said  board  may  raise  an  additional  sum  not  exceeding  five  hundred 
dollars,  to  be  levied  and  collected  as  provided  for  in  sections  five  and   six  of 
this  act,  to  be  expended  in  defraying  such  cost. 

§  12.  The  said  board  of  education  may  call  special  meetings  of  said  dis 
trict  whenever  they  may  deem  it  necessary ;  and  whenever  a  special  meeting 
»hall  be  called,  notices  of  it  shall  be  posted  up  in  five  public  places  in  said 
district,  at  least  one  week  previous  to  said  meeting ;  and  no  business  shall 
be  transacted  at  such  meetings  except  that  stated  in  the  notice  calling  th* 
•ame. 

§  IS.  All  law*  and  parts  of  laws  inconsistent  with  this  act  are  hereby 
repealed,  so  far  as  they  relate  to  district  number  three  in  the  town  of  Ifew- 
tovna,  county  of  Queens. 

§  14.     This  act  ^hall  take  effect  immediately. 

[Laws  of  1851,   Chap.  398.] 

AK  ACT  to  amend  an  act  entitled,  "  An  act  to  establish  a  free  school  in 
district  number  three,    in  the    twm,    of  Newtown?  passed    March  16,  1864 

Passed  July  8,  1851,  ''three-fifths  being  present." 

The  People   of  the  Stoic  of  -Ye;/'-  YorK\    represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1.  The  fifth  section  of  the  act  entitled  "  An  act  to  establish  a  free  school 
in  district  number  three,  in  the  town  of  Newt-own."  passed  March  16, 1850,  is 
hereby  amended  so  as  to  read  as  follows  : 

§  5.  The  said  board  of  education  are  hereby  authorized  and  empowered 
to  raise  a  sum  not  exceeding  one  thousand  dollars,  by  tax  on  said  district,  to 
be  levied  and  collected  in  the  same  manner  as  taxes  are  authorized  by  latr 
to  be  levied  and  collected  in  the  towns  of  this  state  ;  and  said  board  of  ed 
ucation  are  also  hereby  authorized  and  empowered  to  raise  the  sum  of  three 
thousand  and  live  hundred  dollars  by  a  loan,  which  stmis  are  to  bo  expended 
in  the  erection  of  a  school-house  in  said  district  and  furniture  for  the  same  ; 
such  loan  to  be  secured  by  a  bond  and  a  mortgage  upon  the  public  school 
property  of  said  district,  which  bond  and  mortgage  shall  be  executed  by  said 
board  of  education  in  their  official  capacity,  under  their  hands  and  a  com 
mon  seal  to  be  provided  by  them.  Said  loan  shall  be  paid  off  in  annual  in 
stalment*  of  five  hundred  dollars  each,  and  the  first  of  said  instalments  shall 
be  paid  in  three  years  after  the  date  of  said  bond  and  mortgage.  Said  board 
is  also  authorized  and  empowered  to  raise  such  additional  sum,  from  time  to 
time,  by  tax  on  said  district;  to  be  levied  and  collected  in  the  same  manner 
as  taxes  are  authorized  by  Law  to  be  levied  and  collected  in  towns  of  this 
ntate.  as  may  be  necessary  to  pay  the  accruing  interest  on  sai«i  loan  and  th« 
Raid  instalments  thereof,  and  also  such  amount  as  they  may  deem  proper  for 
fees  for  collection,  not  exceeding  five  per  cent  on  the  amount 

§  2.  The  said  board  of  education  are  hereby  authorized  to  sell  and  coe- 
vey  the  lot  of  lunti  in  Astoria  in  said  district,  which  has  heretofore  been  oc 
cupied  as  the  school  lot,  and  which  i-i  situated  adjoining  St.  George  Protest 
ant  Episcopal  Church,  and  execuie  a  conveyance  therefor  under  their  said 
corporate  seal,  and  invest  the  proceeds  of  the  gale  in  the  purchase  of  another 
lot,  or  in  the  completion  of  said  new  school-house,  as  by  the  said  board  may 
be  deemed  most  advisable  for  the  interests  of  the  said  district. 

§  8.  The  words  "  sections  five  and  six,',  wherever  they  occur  in  sectioa 
eleven  of  the  act  hereby  amended,  shall  be  construed  to  mean  ««clion  firdt  of 
this  act  and  section  «ix  of  the  act  hereby  amended 

§  4.     This  act  shall  take  effect  immediately. 


319 
CITY  AND  COUNTY  OF  NEW  YORK. 

[Lasts  of  1851.     Chap, 


AN  ACT  to  amend,  consolidate  and  reduce  to  one  act,  the  various  acix 
relative  to  the  Common  School*  of  the  city  of  New  York. 

Passed  July  8,  1851,  "three-fifths  being  present."- 

Th*  People  of  the  State  of  New  York,  represented   in  Senate  and  Assembly, 
do  enact  as  follows  : 

OF  SCHOOL  OFFICERS  AND  THEIR  ELECTION. 

§  1 .  There  shall  be  two  commissioners,  two  inspectors  and  five  trustees  of 
eornmon  schools  in  each  of  the  wards  of  the  city  of  New- York,  who  shall  be 
known  as  the  "  school  officers"  of  the  ward.  At  each  general  election  there 
shall  be  elected  in  each  ward  of  said  city,  one  commissioner  and  one  inspect 
or,  whose  terms  of  office  shall  be  two  years,  and  one  trustee,  whose  term  of 
office  shall  be  five  years,  to  commence  in  each  case  on  the  first  day  of  Janu 
ary  next  succeeding  such  election.  But  the  terms  of  office  of  the  school  offi 
cers  elect,  and  those  now  holding  office,  except  those  whose  terms  of  office 
will  expire  on  the  first  Monday  of  June  next,  are  hereby  extended  to  the  first 
day  of  January  next  after  the  day  on  which  they  would  otherwise  have  ex 
pired,  respectively,  and  there  shall  be  no  election  of  schoo  officers  in  1852. 
The  elections  so  held  shall  be  subject  to  the  same  laws  and  regulations,  in  all 
respects,  as  those  which  govern  the  general  elections  in  said  city.  The  bal 
lots  for  said  school  officers  shall  be  endorsed  "  common  schools,"  and  deposit 
ed  in  a  separate  box  to  be  provided  therefor ;  and  the  said  school  officers, 
before  entering  upon  the  duties  of  their  offices,  shall  severally  take  and  .sub- 
*«ribe  the  oath  proscribed  by  the  constitution  of  the  state. 

OF  THE  BOARD  OF  EDUCATION ITS  POWERS    AND    DUTIES. 

§  2.  The  commissioners  of  common  schools,  elected  as  aforesaid,  shall 
constitute  a  board  of  education  for  the  city  and  county  of  New- York  ;  they 
fchall  meet^n  the  second  Wednesday  of  January  in  each  year,  for  the  pur 
pose  of  organization ;  and  thereafter  for  the  transaction  of  business  as  often 
as  they  may  determine.  They  shall  elect  one  of  their  number  president  and 
shall  appoipt  a  clerk  and  assistant  or  assistants,  whose  compensation  shall  be 
fired  and  paid  by  the  board. 

The  board  of  education  shall  have  power  : 

1st.  To  take  and  hold  property,  both  real  and  personal,  devised  or 
transferred  to  it,  for  the  purposes  of  public  education  in  the  citv  of  New 
York: 

2d.  To  appoint  a  superintendent  of  common  schools  for  said  city,  as  here 
inafter  provided : 

JkL  On  the  nomination  o'f  theechool  officers  of  any  \var.l  to  fill  vacancies 
ia  school  oiiicea,  which  may  occur  ia  .such  ward  between  the  general  elec 
tions  : 

4th.     To  establish  new  schools,  as  hereinafter  provided  : 

5t}j.  To  draw  irozn  the  moneys  which  shall  be  raised  for  the  purpose*  of 
public  education,  such  sums  as  may  be  required  for  the  purpose  of  defraying 
the  necessary  incidental  expenses  of  the  board,  and  such  further  sums  a» 
may  ba  required  for  the  payment  of  the  salaries  of  their  clerk  and  assistant 
or  assistants,  and  of  the  city  superintendent  of  common  .schools  : 

6th.  To  visit  and  examine  the  echoola,  subject  to  the  provisions  of  thi« 
act : 

7th.  To  make  ru'ea  of  order  and  by-laws  for  the  government  of  the  board, 
its  members  and  committees,  and  general  regulations  to  secure  proper  econo 
my  ajad  a,ccowjttabJlity  ia  the  expenditure  of  tixe  school  money  a  : 


320 

8th.  And,  for  the  purposes  of  this  act,  the  said  board  shall  possess  the 
powers  and  privileges  of  a  corporation. 

§  3.     It  shall  be  the  duty  of  the  board  of  education, 

1st.  On  or  before  the  fifteenth  day  of  November  in  each  year,  to  report 
to  the  board  of  supervisors  of  the  said  city  and  county,  an  estimate  of  the 
amount  over  and  above  the  sums  specified  in  the  fifteenth  section  of  this  act, 
which  will  be  required  during  the  year,  for  the  purpose  of  meeting  the  cur 
rent  annual  expenses  of  common  school  instruction  ;  for  erecting,  purchasing, 
leasing  and  procuring  sites  for  school-houses,  and  the  fitting  up  and  furnish 
ing  thereof,  and  the  alterations  in,  the  additions  to,  and  repairs  of,  the  school 
buildings  of  the  ward  schools ;  for  the  support  of  schools  which  shall  have 
been  organized  since  the  last  annual  apportionment  of  the  school  moneys 
made  by  the  board ;  for  the  support  of  evening  schools,  not  exceeding  the 
sum  of  fifteen  thousand  dollars  in  each  year ;  for  the  support  of  the  free 
academy,  an  annual  sum  not  exceeding  twenty  thousand  dollars ;  and  such 
further  sum  or  sums  as  may  be  necessary  for  any  of  the  purposes  authorized 
by  this  act ;  but  the  aggregate  amount  so  reported  shall  not  exceed  the  sum 
of  four  dollars  for  each  pupil  who  shall  have  actually  attended  and  been 
taught  in  the  preceding  year  in  the  schools  entitled  to  participate  in  the  ap 
portionment  : 

2d.  To  apportion  all  the  school  moneys  which  shall  have  been  raised  for 
the  purposes  of  meeting  the  current  annual  expenses  of  public  instruction, 
to  each  of  the  schools  provided  for  by  this  act : 

3d.  To  file  with  the  chamberlain  of  said  city,  on  or  before  the  first  Mon 
day  of  April  in  each  year,  a  copy  of  their  apportionment,  stating  the  amount 
apportioned  to  the  ward  schools,  and  to  the  trustees,  managers  and  directors 
of  the  several  schools  enumerated  in  this  act : 

4th.  To  continue  to  furnish  through  the  free  academy,  the  benefit  of  edu 
cation,  gratuitously,  to  persons  who  have  been  pupils  in  the  common  schools 
of  the  said  city  and  county  for  a  period  of  time  to  be  regulated  by  the  board 
of  education,  not  less  than  one  year : 

5th.  To  supervise,  manage  and  govern  said  free  academy,  and,  from  time 
to  time,  make  all  needful  rules  and  regulations  therefor  ;  fix  the  number  and 
compensation  of  teachers  and  others  to  be  employed  therein ;  prescribe  the 
preliminary  examination,  and  the  terms  and  conditions  on  which  pupils  shall 
be  received  and  instructed  therein  and  discharged  therefrom ;  direct  the 
course  of  studies  therein,  and  provide  in  all  things  for  the  good  government 
and  management  of  the  said  free  academy  ;  and  purchase  the  books,  appar 
atus,  stationery  and  other  things  necessary  and  expedient  to  enable  the  said 
free  academy  to  be  properly  and  successfully  conducted,  and  to  keep  the 
said  building  or  buildings  properly  repaired  and  furnished : 

6th.  To  appoint  annually  a  standing  committee  of  not  less  than  five  per 
sons  of  their  number,  who  shall,  subject  to  the  control,  supervision  and  ap 
probation  of  the  said  board,  constitute  an  executive  committee  for  the  care 
government  and  management  of  the  said  free  academy,  under  the  rules  and 
regulations  prescribed  as  aforesaid,  whose  duty  it  shall  be,  to  make  detailed 
reports  to  the  said  board  of  education,  and,  among  other  things,  to  recom 
mend  the  rules  and  regulations  which  they  deem  necessary  and  proper  for 
the  said  academy.  The  board  of  education  may,  at  any  regular  meeting 
thereof,  by  a  majority  of  all  the  members  of  said  board,  remove  any  or  all 
the  members  ox  the  said  committee,  and  appoint  another  person  or  per 
sons  in  the  place  of  the  member  or  members  of  the  said  committee  so  re 
moved. 

7th.  To  make  and  transmit  annually  on  or  before  the  first  day  of  Febru 
ary  in  each  year,  to  the  common  council  of  paid  city,  and  also  to  the 
secretary  to  the  board  of  regents  of  the  university  of  the  state  of  New- York 
a  report  signed  by  the  president  and  clerk  of  the  said  board  of  education, 
and  dated  on  the  first  day  of  January,  in  the  year  of  its  transmission  ; 
which  report  shall  state  the  names  and  ages  of  all  the  pupils  instructed  in 
such  free  academy  during  the  preceding  year,  and  the  time  that  each  was 


)UL9L)1115S     1UI    Liiv;  ccvciai     DVUWIO    uu.vjiv.Ji    LU.X/H     \><*iv*j    UUH    TTAVU     OUVIA  auu* 

are  furnished  by  the   board  of  education  they  shall  be   obtained  by 
ract,  proposals  for  which  shall  be  advertised  for  the  period   of  at  least 


321 

30  instructed;  a  particular  statement  of  the  studies  pursued  by  each  pupil 
at  the  commencement  of  his  instruction,  and  of  his  subsequent  studies  un 
til  the  date  of  such  report,  together  with  the  books  such  student  shall  have 
studied  in  whole  or  in  part,  and  if  in  part  what  portion ;  an  account  or  es 
timate  of  the  cost  of  the  library,  philosophical  and  chemical  apparatus,  and 
mathematical  or  other  scientific  instruments  belonging  to  such  academy ; 
the  names  of  the  instructors  employed  in  said  academy,  and  the  compensa 
tion  paid  to  each  ;  what  amount  of  moneys  the  board  of  education  received, 
during  the  year  for  the  purposes  of  such  academy,  and  from  what  sources, 
specifying  how  much  from  each,  and  the  particular  manner,  and  the  specific 
purpose  for  which  such  moneys  have  been  expended  ;  and  such  other  infor 
mation  in  relation  to  education  in  said  academy,  and  the  measures  of  the 
board  in  the  management  thereof,  as  the  said  common  council  or  the  re 
gents  of  the  university  of  the  state  of  New-York  may  from  time  to  time  re 
quire  ; 

8th.  To  provide  evening  schools  for  those  whose  ages  or  avocations  are 
such  as  to  prevent  their  attending  the  day  schools  established  by  law,  in 
such  of  the  ward  school  houses  or  other  buildings  used  for  school  purposes, 
and  in  such  other  places  in  said  city  as  they  may,  from  time  to  time  deem 
expedient :  , 

9th.     To  furnish  all  necessary  supplies  or  make  regulation,  for  furnishing 
-such  supplies   for  the  several   schools  under  their  care,  but  when  such  sup 
plies  ar< 
contract, 
two  weeks: 

10th.  To  make  and*  transmit  between  the  fifteenth  day  of  January  and 
the  first  day  of  February  in  each  year,  to  the  clerk  of  the  city  and  county 
of  New- York,  a  report  in  writing,  bearing  date  the  first  day  of  January  ii? 
the  year  of  its  transmission,  stating  the  whole  number  of  schools  within 
their  jurisdiction,  specially  designating  the  schools  for  colored  children; 
the  schools  or  societies  from  whichreports  shall  have  been  made  to  the  board 
of  education  within  the  timelimited  for  that  purpose,  the  length  of  time  such 
schools  shall  have  been  kept  open ;  the  amount  of  public  money  apportioned  or 
appropriated  to  said  schoolorsociety ;  the  number  taught  in  each  school,  the 
whole  amount  of  money  drawn  from  the  city  chamberlain  for  the  purposes  of 
public  education  during  the  year  ending  at  the  date  of  their  report,  distinguish- 
ingthe  amount  received  from  tlve  general  fund  of  the  state  from  all  other  and 
what  sources  ;the  manner  in  which  such  moneys  shall  have  been  expended, 
and  such  otherin formation  as  the  superintendent  of  common  schools  may 
from  time  to  time  require,  in  relation  to  common  school  education  in  the 
city  and  county  of  New- York. 

§  4.  If  the  board  of  education  shall  neglect  to  make  such  annual  report 
within  the  time  limited,  the  share  of  school  moneys  apportioned  to  the  city 
and  county  of  New-York  may,  in  the  discretion  of  the  superintendent  of 
common  schools,  be  withheld  until  a  suitable  report  shall  hav«  been  ren 
dered. 

§  5.  The  clerk  of  the  board  of  education  shall  have  charge  of  the  rooms, 
books,  papers  and  documents  of  the  board,  and  shall  in  addition  to  his  duties 
as  secretary  of  the  board,  perform  such  other  clerical  duties  as  may  be  re 
•quired  by  its  members  or  committees : 

§  6.  All  schools  which  have  been  organized  under  the  act  entitled  "An 
act  to  extend  to  the  city  and  county  of  New-York  the  provisions  of  the 
general  act  in  relation  to  common  schools,  passed  April  11,  1842,"  and  the 
acts  amending  the  same,  or  organized  or  adopted  under  this  act,  shall  be  call 
ed  common  schools  ["ward  schools,"]  or  ward  primaries,  and  each  class 
shall  be  numbered  consecutively,  according  to  the  time  of  their  organization 
or  adoption,  and  all  such  schools  shall  be  under  the  supervision  .and  govern 
ment  of  the  commissioners,  inspectors  and  trustees  of  the  ward  in  which 
-hey  are  located. 

21 


322 

POWERS  AND    DUTIES  OF    SCHOOL  OFFICERS. 

§  7.  It  shall  be  the  duty  of  the  school  officers,  or  a  majority  of  them,  in 
any  ward: 

1st.  To  certify  to  the  board  of  education  of  the  city  and  county  of  New 
York,  whenever  in  their  opinion  it  is  necessary,  to  organize  one  or  more  addi 
tional  schools  in  said  ward,  with  the  facts  and  circumstances  showing  such 
necessity,  together  with  the  character  of  the  school  buildings  required,  and 
the  number  and  class  of  scholars  who  will  probably  attend  such  schools  if 
organized,  and  to  organize  such  schools  as  hereinafter  provided  : 

2nd.  To  provide,  under  such  rules  and  regulations  as  the  board  of  educa 
tion  may  establish,  the  necessary  books,  stationary,  and  other  essentials  ne 
cessary  to  organize  and  conduct  any  school  in  their  ward ; 

3rd.  To  examine,  ascertain  and  report  to  the  board  of  education,  and  as 
frequently  as  may  be,  whether  the  provisions  ofthis  act  in  relation  to  the 
teaching  of  sectarian  doctrines,  or  the  use  of  sectarian  books,  shall  have 
been  violated  ;  and 

4th.  To  notify  the  board  of  education  of  any  vacancy  in  the  office  of  any 
school  officer  of  their  respective  wards. 

POWERS  AND    DUTIES    OF  COMMISSIONERS. 

§  8.  It  shall  be  the  duty  of  the  commissioners  of  common  schools  in  the 
several  wards : 

1st.  To  attend  all  the  meetings  of  the  board  of  education  ;  and  if  any 
commissioner  shall  refuse  or  neglect  to  attend  any  three  successive  stated 
meetings  of  the  board,  after  having  been  personally  notified  to  attend,  and  if 
no  satisfactory  cause  of  his  non-attendance  be  shown,  the  board  may  declare 
his  office  vacant ; 

2nd.  To  transmit  to  the  board  of  education  all  reports  made  to  them  by 
the  trustees  and  inspectors  of  their  respective  wards  ; 

3rd.  To  visit  and  examine  all  the  schools  entitled  to  participate  in  the 
apportionment ; 

4th.  They  shall  be  ex  officio  members  of  the  board  of  trustees  in  their 
respective  wards. 

POWERS  AND    DUTIES  OF    INSPECTORS. 

§  9.  It  shall  be  the  duty  of  the  inspectors  of  common  schools : 
1st.  To  inspect  and  examine  each  of  the  schools  in  their  respective  wards, 
st  least  twice  in  each  year,  and  oftener  if  necessary  ;  and  on  or  before  the 
fifteenth  day  of  October,  in  each  year,  to  make  and  transmit  to  the  board  of 
education  and  to  the  trustees  of  the  ward,  a  report  in  writing,  in  which 
they  shall  set  forth  the  condition  of  the  several  school  buildings  in  use  in 
their  ward,  and  whether  any,  and  if  any,  what  repairs,  alterations  or  modi 
fications  of  those  buildings  seem  to  them  necessary  ; 

2.  Whether  they  are  kept  clean  and  in  good  order ; 

3.  In  what  manner  they  are  heated  and  ventilated,   and  how  effectual 
the  means  used  are  in  producing  the  result  desired  ; 

4.  The  studies  pursued ; 

5.  The  progress  of  the  classes  in  their  different  studies  -, 

6.  The  punctuality  of  attendance  of  the  scholars   and   teachers ; 
*7.     The  order,  attention  and  general  appearance  of  the  school ; 

8.  The  length  of  each  morning  and  evening  session,  and  the  number  and 
length  of  recesses   allowed; 

9.  The  number  and  qualifications  of  the  teachers,  and  such  other  facts  as 
in  their  opinion  are  important  to  insure  the  discipline  or  extend  the  useful 
ness  of  the  schools ; 

10.  la   conjunction   with  the  city  superintendent  of  common  schools,  to 
license  teachers  for  their  respective  wards  ;  and 


323 

11.  To  examine  and  audit  all  accounts  when  duly  certified  by  the  trus 
tees  to  be  correct. 

POWERS  AND  DUTIES  OF    TRUSTEES. 

§  10.  It  shall  be  the  duty  of  the  trustees  of  each  ward  and  they  shall 
have  power : 

1.  To   have   the  safe  keeping  of  all  the  property   belonging  to  the  ward 
schools  and  the  ward  primaries  in  their  respective  wards ; 

2.  Under  such  general  rules  and   regulations  as   the  board  of  education 
may  adopt,  to  contract  with  and  employ  teachers  in  said  schools,  and  make 
other  contracts  for  conducting  and  managing  their  schools ; 

3.  To  procure,  as  may  be  necessary,  blank  books,  in  one  of  which  a  state 
ment  of  the  amounts  of  all  moneys  received  and  paid  by  the  trustees,  and 
of  all  moveable  property  belonging  to  each  school  shall  de  ertered  at  large 
and  signed  by   such  trustees  ;  and  in  other  books,  the  teacher  shall  enter 
the  names  and  residence  of  the  scholars  attending  school,  and  the  number  of 
days   they   shall   have  respectively   attended  ;  and  also  the  days  on  which 
each  school  shall  have  been  visited  by  the  city  superintendent  and  the  school 
officers  of  the  ward,  or  any  of  thorn,  which  entries  shall  be  verified  by  the 
oath  or  affirmation  of  the  principal  teacher  in  such  school.     The  said  books 
shall  be  preserved  by  the  trustees  as  the  property  of  the  schools,  and  shall 
be  delivered  to  their  successors; 

4.  To  make,  on  or  before  the  fifteenth  day  of  January,  in    every  year, 
and  transmit  to  the  board   of  education,   a   report  in  writing,  dated  on  the 
first  day  of  January,  which  shall  be  signed  and  certified  by  a  majority  of  the 
trustees,  which  report  shall  state  :  the  whole  number  of  schools  within  their 
jurisdiction,  especially   designating   the  schools   for   colored   children  ;  the 
length  of  time  each  school  shall  have  been  kept  open  ;  the  whole  number  of 
scholars  over  four  and  under  twenty-one  years  of  age,  who  shall   have  been 
taught,  free   of  expense  to   such  scholars,  in  their   schools  during  the  year 
preceding  the  first  day   of  January,  which  number  shall  be  ascertained  by 
adding  to  the  number  of  children  on  register  at  the  commencement  of  each 
year,  the  number  admitted  during  that  year,  which  shall  be    considered  the 
total  for  that  year  ;  the   average    number  that  has  actually   attended  such 
schools  during  the  year  to  be  ascertained  by  the  teachers'  keeping  an  exact 
account  of  the  number  of  scholars  present   every  school  time  or  half  day, 
which  being  added  together  and  divided  by  four  hundred  and  sixty,   or  if 
less  than  a  year,  by  the  number  of  school   sessions,  shall  be  considered  the 
average  of  attending  scholars,  which  average  shall  be  sworn  or  affirmed  to 
by   the  teachers ;  a  detailed  statement   of  the  amount  of  moneys  received 
for  their  respective  schools  during  the  last  year  from  the  chamberlain  of  the 
city,  and  of  the  purposes  for,  and  the  manner  in   which  the  same  shall  have 
been  expended ;  and  a  particular  account  of  the  state  of  the  schools  and  of 
the  propertv  and  affairs  of  each  school  under  their  care  ;  and  the  titles  of 
all  books  used,  with  such  other  information  as  the  board  of  education  shall 
require.     A  report  in  all  respects  similar  shall  be  required  from  the  trustees, 
managers  or  directors  of  the  corporate  schools ; 

5.  To  hold  as  a  corporation,  all  personal  property   vested  in  or  transfer 
red  to  them  for  school  purposes  in  their  respective  wards  ;  and 

6.  To  render  at  the  expiration  of  their  respective  terms  of  office,  to  their 
successors,  a  just   and  true  account  in  writing,  of  all   moneys  received  by 
them  for  school  purposes,   and  of  the  manner  in  which  the  same  shall  have 
been  expended,  and  to  pay  any  balance  which  may  remain  in  their  hands,  to 
their  successors. 

OF  THE  CITY  SUPERINTENDENT. 

§  11.  The  board  of  education  shall  appoint  a  city  superintendent  of 
common  schools  for  the  city  and  county  of  New- York,  who  shall  hold  his  of 
fice  for  two  years,  subject  to  removal  by  the  board,  on  complaint  for  cause 


324 

stated.  He  shall  perform  such  duty,  and  be  subject  to  such  rules,  and 
receive  such  salary,  as  may  be  prescribed  by  the  board  of  education  ;  but 
the  salary  shall  not  be  increased  or  diminished  during  his  term  of  of 
fice. 

It  shall  be  his  duty  specially  : 

1.  To  visit  and    examine  all  schools  entitled  to  participate  in  the   appor 
tionment  of  the  school  moneys,  as  often  in  each  year  as  the  board  of  educa 
tion  may  direct,  and  at  least  once  in  each  year  to  notify  the  inspectors  of  com 
mon  schools  of  the  "ward  of  the  time  appointed  to  visit  the   schools  in  such 
ward,  and  to  invite  such  inspectors   to  visit  with  him  the  said  schools,  and, 
with  such  inspectors,  if  they,  or  any  of  them,  shall  attend  at  such  visits,  or, 
without  their  presence,  at  any  time  to  enquire  into  all  matters  relating  to  the 
government,  course  of  instruction,  books,  studies,  discipline,  and  conduct  of 
such  schools,  and  the  condition  of  the  school-houses,  and  of  the  schools  gen 
erally,  and  to  advise  and  to  counsel  with  the  trustees  in  relation  to  their  duties 
the  proper  studies,  discipline,   and  conduct  of  the  schools,  the  course  of  in 
struction  to  be  pursued,  and  the  books  of  elementary  instruction  to  be  used 
therein ;  and  to   examine,   ascertain,  and  report   to  the  board  of  education 
whether  the   provisions  of  the  act  in  relation  to  religious  sectarian  teaching 
and  books  have  been  violated  in  any  of  the  schools  of  the  different  wards  of 
the  city : 

2.  To  examine, in  conjunction  with  the  inspectors  of  any  ward,  persons 
offering  themselves   as   candidates   for  teachers  of  common  schools,  and  to 
grant  them  certificates  of  qualification,  in  such   form  as  shall  be  prescribed 
by  the  board  of  education  ;  which  certificates,  when  countersigned  by  one  or 
more  inspectors,  shall  be  evidence   of  the  qualifications  of  such  teachers   in 
every  ward  of  the  city  and  county :  and 

3.  Generally,  by  all  the  means  in  his  power,  to  promote  sound   education, 
elevate  the   character   and  qualifications  of  teachers,  improve  the  means  of 
instruction,   and   advance   the   interests   of  the    schools    committed  to    his 
charge. 

§  12.  The  city  superintendent  shall  be  subject  to  such  general  rules  and 
regulations  as  the  superintendent  of  common  schools  may  prescribe;  and  appeals 
from  his  acts  and  decisions  may  be  made  to  the  superintendent  in  the  same 
manner  and  with  like  effect,  as  in  cases  now  provided  by  law,  and  he  shall 
make  annually  to  the  superintendent  of  common  schools,  a*t  such  times  as 
shall  be  appointed  by  him,  a  report  in  writing,  containing  the  whole  number 
of  schools  in  the  city  arid  county,  distinguishing  the  schools  from  which  the 
necessary  reports  have  been  made  to  the  board  of  education,  by  the  com 
missioners,  inspectors  and  trustees  of  common  schools,  and  containing  a  cer 
tified  copy  of  the  reports  of  the  board  of  education,  to  the  clerk  of  the  city 
and  county,  with  such  additional  information  as  the  superintendent  of  com 
mon  schools  may  require. 

§  13.  The  office  of  county  superintendent  of  common  schools  for  the  city 
and  county  of  New- York  is  hereby  abolished. 

OF  THE  SUPPORT  OF    THE  SCHOOLS. 

§  14.  Whenever  the  clerk  of  the  city  and  county  shall  receive  notice  from 
the  superintendent  of  common  schools  of  the  amount  of  moneys  apportioned 
to  the  county  of  New- York,  for  the  support  and  encouragement  of  common 
schools  therein,  he  shall  immediately  lay  the  same  before  the  board  of  su 
pervisors  of  the  said  county ;  and  the  chamberlain  of  the  said  city  shall  ap 
ply  for,  and  receive  the  school  moneys  apportioned  to  the  said  county  as 
eoon  as  the  same  become  payable,  and  place  the  same  to  the  credit  of  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New-York,  for  the  benefit 
of  public  education  therein. 

§  15.  The  said  board  of  supervisors  shall  annually  raise  and  collect  by 
tax  upon  the  inhabitants  of  the  said  city  and  county,  a  sum  of  money  equal 
to  the  susa  specified  in  such  notice,  at  the  time  and  in  the  same  manner  as 


325 

the  contingent  charges  of  the  said  city  and  county  are  levied  and  collected ; 
also  a  sum  of  money  equal  to  one-twentieth  of  one  per  cent  of  the  value  of 
the  real  and  personal  property  in  the  said  city,  liable  to  be  assessed  thereon, 
and  pay  the  same  into  the  city  treasury,  to  be  applied  to  the  purposes  of 
common  schools  in  the  said  city  ;  and  the  board  of  education  shall  apportion 
the  money  so  raised  to  each  of  the  schools  hereafter  provided  for  by  this  act, 
except  the  free  academy,  and  the  evening  schools,  according  to  the  number  of 
children  over  four  and  under  twenty-one  years  of  age,  who  were  actual  resi 
dents  of  the  city  and  county  of  New-York  at  the  time  of  their  attendance  on 
such  schools,  without  charge,  the  preceding  year  ;  and  the  average  shall  be 
ascertained  by  adding  together,  the  number  of  such  children  present  at  each 
morning  and  afternoon  session,  of  not  less  than  three  hours,  and  dividing  the 
sum  by  four  hundred  and  sixty  ;  and  if  any  school  shall  have  been  organized 
since  the  last  annual  apportionment,  the  average  shall  be  ascertained  by  di 
viding  by  a  number  corresponding  to  the  actual  number  of  morning  and  even 
ing  sessions,  of  not  less  than  three  hours  each,  held  since  the  organization  of 
such  school ;  and  the  sum  apportioned  to  any  schools,  other  than  the  ward 
schools,  shall  be  paid  to  the  trustees,  managers  or  directors  of  such  schools, 
respectively,  by  drafts  on  the  city  chamberlain,  to  be  signed  by  the  president 
and  clerk  of  said  board,  and  made  payable  to  the  order  of  the  treasurers  of 
said  trustees,  managers,  or  directors. 

§  16.  Said  board  of  supervisors  shall  also  raise  and  collect  at  the  same 
time,  and  in  the  same  manner,  such  additional  sum  or  sums  as  the  board  of 
education,  in  pursuance  of  the  provisions  of  the  fir*t  subdivision  of  the  third 
section  of  this  act,  shall  have  reported  to  be  necessary  for  the  purposes  therein 
mentioned.  Such  moneys  shall  be  paid  into  the  city  treasury,  and  shall, 
together  with  the  amount  apportioned  to  the  ward  schools,  be  paid  by  the 
chamberlain  of  the  said  city  upon 'the  drafts  drawn  on  him  by  the  board  of 
education,  signed  by  the  president,  and  countersigned  by  the  clerk  of  the 
board,  and  by  the  commissioners,  or  one  of  them,  of  the  ward  for  which 
the  money  is  to  be  paid,  except  such  sums  as  shall  be  drawn  pursuant  to  the 
fifth  sub-division  of  the  second  section  of  this  act,  which  shall  be  paid  by 
said  chamberlain,  upon  drafts  drawn  on  him  by  said  board,  signed  by  the 
president  and  clerk,  and  countersigned  by  the  chairman  of  the  finance  com 
mittee  of  said  board,  and  all  drafts  shall  be  made  payable  to  the  person  or 
persons  entitled  to  receive  the  same. 

§  17.  If  any  of  the  said  newly  organised  ward  schools,  by  reason  of  pecu 
liar  circumstances,  shall  be  equitably  entitled  to  a  larger  sum  than  they  will 
receive  under  an  apportionment  made  as  aforesaid,  then  the  board  of  educa 
tion  shall  be  authorised,  and  they  are  hereby  required  to  make  to  such  schools 
such  further  allowance  out  of  the  school  moneys,  as  they,  the  board  of  educa 
tion,  shall  deem  just  and  proper. 

§  18.  No  school  shall  be  entitled  to,  or  receive  any  portion  of  the  school 
moneys  in  which  the  religious  doctrines  or  tenets  of  any  particular  Christian, 
or  other  religious  sect,  shall  be  taught,  inculcated  or  practiced,  or  in  which 
any  book  or  books,  containing  compositions  favorable  or  prejudicial  to  the 
particular  doctrines  or  tenets  of  any  particular  Christian,  or  other  religious 
sect,  or  which  shall  teach  the  doctrines  or  tenets  of  any  other  religions  sect, 
or  which  shall  refuse  to  permit  the  visits  and  examinations  provided  for  in 
this  act.  But  nothing  herein  contained  shall  authorise  the  board  of  education 
to  exclude  the  Holy  Scriptures,  without  note  or  comment,  or  any  selections 
therefrom,  from  any  of  the  schools  provided  for  by  this  act ;  but  it  shall  not 
be  competent  for  the  s>aid  board  of  education  to  decide  what  version,  if  any 
of  the  Holy  Scriptures,  without  note  or  comment,  shall  be  used  in  any  of  the 
schools:  Provided  that  nothing  herein  contained  shall  be  so  construed  ,  as 
to  violate  the  rights  of  conscience  as  secured  by  the  constitution  of  this  state, 
and  of  the  United  States. 

§  19.  If  the  school  moneys  apportioned  to  the  common  schools,  agreeably 
to  the  previous  section  of  this  act,  shall  exceed  the  necessary  and  legal  ex- 


326 

penses  of  either  of  such  schools,  the  board  of  education  shall  authorise  the 
payment  only  of  such  sum  or  sums,  as  shall  be  sufficient  to  provide  for  such 
expenses,  and  any  deficiency  in  the  sums  apportioned  to  meet  the  necessary 
and  legal  expenses  of  public  education  in  the  said  schools,  shall  be  supplied 
by  the  common  council  of  the  said  city,  and  they  are  hereby  authorised  and 
directed  to  raise  by  loan,  in  anticipation  of  the  annual  tax,  such  sum  or  sums, 
as  shall  be  necessary  to  meet  such  deficiency.  And  the  board  of  education 
shall,  in  all  cases,  certify  to  the  common  council  the  cause  of  such  deficiency, 
and  that  the  same  was  unavoidable,  and  unless  such  certificate  shall  be 
made,  the  said  common  council  may  refuse  to  raise  the  sum  required  to 
meet  such  deficiency. 

§  20.  In  making  the  apportionment  among  the  several  schools,  no  share 
shall  be  allotted  to  any  school  from  which  no  sufficient  annual  report  shall 
have  been  received  for  the  year  ending  on  the  last  day  of  December,  im 
mediately  preceding  the  apportionment. 

§  21.  Whenever  an  apportionment  of  the  public  money  shall  not  be  made 
to  any  school,  in  consequence  of  any  accidental  omission  to  make  any  re 
port  required  by  law,  or  to  comply  with  any  other  regulation  or  provision 
of  law,  the  board  of  education  may,  in  its  discretion,  direct  an  apportion 
ment  to  be  made  to  such  school,  according  to  the  equitable  circumstances 
of  the  case,  to  be  paid  out  of  the  public  money  on  hand,  or  if  the  same  shall 
have  been  distributed,  out  of  the  public  money  to  be  received  in  a  succeeding 
year. 

OF  THE  SCHOOLS  ENTITLED  TO  PARTICIPATE  IN  THE  APPORTIONMENT. 

§  22.  The  schools  of  the  Public  School  Society,  the  New-York  Orphan 
Asylum  School,  the  Roman  Catholic  Orphan  Asylum  School,  the  schools  of 
the  two  Half  Orphan  Asylums,  the  school  of  the  Mechanic's  Society,  the 
school  of  the  Society  for  the  Reformation  of  Juvenile  Delinquents  in  the  city 
of  New- York,  the  Hamilton  Free  School,  the  school  for  the  Leake  and  Watt's 
Orphan  House,  the  school  connected  with  the  Alms  House  of  the  said  city  . 
the  school  of  the  Association  for  the  benefit  of  Colored  Orphans,  the  schools 
of  the  American  Female  Guardian  Society,  the  schools  of  the  society  for  the 
promotion  of  education  among  colored  children,  the  schools  Organized  under 
the  act  entitled,  "An  act  to  extend  to  the.city  and  county  of  New- York,  the 
provisions  of  the  general  act  in  relation  to  common  schools,  passed  April  11, 
1842,"  or  an  act  to  amend  the  same,  passed  April  18,  1843,  or  an  act  entitled 
an  act  more  effectually  to  provide  for  common  school  education  in  the  city 
and  county  of  New  York,  passed  May  7,  1844,  or  any  of  the  acts  amending 
the  same  and  including  such  normal  schools  for  the  education  of  teachers  as 
the  board  of  education  may  organize,  and  the  normal  school  of  the  public 
school  society  for  the  education  of  teachers,  and  such  schools  as  may  be  or 
ganized  under  the  provisions  of  this  act,  shall  be  subject  to  the  general  super 
vision  of  the  board  of  education,  and  shall  be  entitled  to  participate  in  the 
apportionment  of  the  school  moneys  as  provided  for  in  this  act,  but  they 
shall  be  under  the  immediate  direction  of  their  respective  trustees,  managers 
and  directors,  as  herein  provided. 

OF  NEW  SCHOOLS. 

§  23.  Whenever  a  majority  of  the  school  officers  of  any  ward  shall  certify 
ia  writing  to  the  board  of  education,  that  it  is  necessary  to  establish  a  school 
in  said  ward,  with  the  facts  and  circumstances  showing  such  necessity,  to 
gether  with  the  number  and  class  of  scholars  who  will  probably  attend  such 
school  if  established;  it  shall  be  the  duty  of  the  board  of  education,  without 
delay,  to  investigate  the  subject  and  determine  the  expediency  of  establishing 
such  school  in  such  ward  applying  for  the  same.  Should  the  ward  officers 
or  any  of  them,  deem  themselves  aggrieved  by  such  decision,  they  may  appeal 
to  the  state  superintendent  of  common  schools,  who  shall  decide  as  to  the 


327 

propriety  of  the  establishment  of  such  school,  and  hia  decision,  if  adverse  to 
the  appellants,  shall  be  binding  for  the  term  of  one  year. 

§  24.  Upon  a  decision  favorable  to  the  establishment  of  a  school  or 
schools  in  any  of  the  wards  of  the  said  city,  it  shall  be  lawful  for  the  school 
officers  of  said  ward  to  proceed  to  organize  one  or  more  schools,  such  as  may 
be  authorized  'by  the  board  of  education,  and  procure  a  school-house,  by 
purchasing  or  hiring  the  same,  or  by  procuring  a  site  and  erecting  a  building 
thereon,  according  to  plans  and  specifications,  and  contracts  which  shall 
have  been  duly  filed  with  and  approved  by  th-e  board  of  education,  the 
erection  of  which  said  building,  and  the  fitting  up  thereof,  and  the  fitting 
up  of  any  hired  building,  shall  be  done  by  contract,  proposals  for  which 
shall  be  advertised  for  two  weeks  previous  to  deciding  upon  estimates 
thereon,  unless  such  fitting  up  shall  not  exceed  the  sum  of  two  hundred 
dollars;  and  the  expense  of  establishing  and  organizing  any  school,  as 
above  mentioned,  shall  be  levied  and  raised  pursuant  to  the  provisions  of 
this  act. 

§  25.  The  title  to  all  school  property,  real  and  personal,  purchased  with 
any  moneys  derived  from  the  distribution  or  apportionment  of  the  school 
moneys,  or  raised  by  taxation  in  the  city  of  New  York,  shall  be  vested  in 
the  mayor,  aldermen  and  commonalty  of  said  city,  but  no  contract  or  con- 
tra^ts  shall  be  made  by  the  school  officers  of  any  ward  for  the  purchase  of 
any  site,  or  for  the  erection  or  fitting  up,  or  repairing  of  any  building,  when 
such  repairs  shall  exceed  in  amount  the  sum  of  two  hundred  dollars,  as  au 
thorised  in  this  act,  until  a  statement  in  writing  of  the  amount  required  for 
that  purpose  shall  have  been  presented  to  the  board  of  education  by  said 
school  officers,  and,  together  with  a  copy  of  the  working-drawings,  plans, 
and  specifications  of  the  work  to  be  done,  pursuant  to  the  provisions  of 
this  act,  shall  have  been  duly  filed  and  approved  of,  as  herein  required, 
and  an  appropriation  shall  have  been  made  by  the  board  of  education  there 
for. 

§  26.  The  trustees,  managers  and  directors  of  any  of  the  corporate 
schools  entitled  to  participate  in  the  apportionment  of  the  school  monies, 
may,  at  any  time,  convey  their  school  houses  and  sites  to  the  corporation  o 
the  city  of  New  York,  and  transfer  any  of  their  schools  to  the  board  of  ed 
ucation,  on  the  terms  and  in  the  manner  to  be  agreed  upon  and  prescribed 
by  the  board  of  eclueation,  so  as  either  to  merge  the  said  schools  in  the  ward 
schools,  or  adopt  them  as  ward  schools  ;  and  the  same  shall  then  be  ward 
schools,  subject  to  all  the  rules,  duties  and  liabilities,  and  enjoy  the  same 
rights,  as  if  they  had  been  originally  established  as  ward  schools.  But  noth 
ing  in  this  act  shall  take  away  from  the  Public  School  Society  any  rights 
which  they  have  heretofore  enjoyed,  and  the  board  of  education  are  au 
thorized  to  provide,  the  Public  School  Society  with  all  necessary  moneys  to 
make  all  proper  repairs,  alterations  and  improvements  in  the  various  school 
premises  occupied  by  them. 

OF  THE  DISCONTINUANCE  OF  SCHOOLS. 

§  27.  Whenever,  owing  to  any  nuisance  or  other  circumstance,  in  the 
immediate  vicinity  of  any  school,  or  to  the  small  attendance  of  scholars 
therein,  or  other  sufficient  reason,  it  shall  appear  to  the  board  of  education 
necessary  and  proper  to  discontinue  such  school,  in  any  of  the  wards  of  this 
city,  the  said  board  shall  give  notice  to  the  trustees  of  said  school  of  its  in 
tention  to  consider  the  propriety  of  such  discontinuance ;  and  in  thirty  days 
after  such  notice,  may  proceed  to  investigate  the  matter,  and  if  a  majority  of 
the  school  officers  of  the  ward  shall  consent  to  the  same,  and  if  the  said  board 
shall  determine  by  a  vote  of  a  majority  of  all  the  members  thereof,  that  it 
is  proper  to  close  the  same,  it  shall  be  the  duty  of  said  board  to  withhold  all 
moneys  which  may  have  been  apportioned  or  appropriated  for  the  support 
of  said  school,  and  the  said  school  shall  not  thereafter  participate  in  any  sub 
sequent  apportionment  of  the  school  moneys.  So  soon  as  the  same  shall 


take  effect,  the  comptroller  of  the  city  shall  be  notified  thereof  by  the  said 
board,  aud  the  said  school-house  and  site  may  thereupon  be  used  or  disposed 
of,  as  a  part  of  the  general  property  of  the  city. 

MISCELLANEOUS    PROVISIONS. 

§  28.  The  common  council  of  the  city  of  New  York  are  hereby  author 
ized  and  directed  to  raise  by  loan,  in  anticipation  of  the  taxes,  when  necessa 
ry,  all  moneys  required  for  erecting  purchasing  or  leasing  sehool-houses,  and 
procuring  sites  therefor,  and  the  fitting  up  aud  furnishing  thereof,  and  for  al 
terations  in  or  additions  to  the  present  school-buildings,  or  required  for  any 
other  of  the  purposes  authorized  by  ihis  act. 

§  29.  All  expenses  incurred  fur  the  support  of  common  schools  in  the  re 
spective  wards,  shall  be  certified  by  the  trustees  of  common  schools  in  such 
ward,  or  a  majority  of  them,  and  delivered  to  the  inspectors  of  said  ward; 
and  it  shall  be  the  duty  of  said  inspectors  to  examine  and  audit  the  same, 
and  upon  said  inspectors  being  satisfied  of  their  correctness,  to  certify  the 
same  to  the  board  of  education.  All  bills  audited  and  paid  shall  be  filed  with 
the  board  of  education. 

§  30.  No  compensation  shall  be  allowed  to  the  commissioners,  inspectors 
or  trustees  of  common  schools  for  any  services  performed  by  them,  but^the 
commissioners  and  inspectors  shall  receive  their  actual  and  reasonable  expen 
ses  while  attending  to  the  duties  of  their  office,  to  be  audited  and  allowed  by 
the  board  of  education. 

§  31.  Every  school  officer  who  shall  refuse  or  neglect  to  render  an  ac 
count,  or  to  pay  over  any  balance  in  his  hands,  at  the  expiration  of  his  term 
of  office,  shairfor  each  offence  forfeit  the  sum  of  fifty  dollars,  whioh  sum,  to 
gether  witli  said  unpaid  balance,  shall  be  sued  for  and  collected  by  the  board 
of  supervisors,  who  shall  prosecute  without  delay  for  the  recovery  of  such 
forfeiture,  together  with  the  unpaid  balance  ;  and  in  case  of  the  death  of  such 
school  officer,  suit  may  be  brought  against  his  representatives,  and  all  monies 
recovered,  after  deducting  expenses,  shall  be  placed  at  the  disposal  of  the 
board  of  education. 

§  32.  Every  school  officer  or  teacher  of  a  school  or  society,  who  shall  wil 
fully  sign  .a  false  report  to  the  board  of  education,  shall  for  each  offence  for 
feit  the  sum  of  twenty-five  dollars,  awd  shall  also  be  deemed  guilty  of  a 
misdemeanor. 

§  33.  The  following  shall  be,  substantially,^  the  form  of  oath  or  affirraa 
tion  to  be  made  by  the  teacher : 

"  A.  B.,  of  the  city  of  New-York,  teacher  of 

Wo.  department,  being  duly  sworn  or  affirmed,  declares  and 

says,  that  to  the  best  of  (his  or  her)  knowledge  and  belief,  the  average  num 
ber  of  children,  actual  residents  of  the  city  and  county  of  New  York,  at  the 
time  of  attending  said  school,  between  the  ages  of  four  and  twenty-one  years, 
who  attended  said  school  or  department,  each  school-time  or  half  day,  from 
the  day  of  to  the  first  day  of  January, 

was  .     Said  average  having  been  obtained  by 

adding  together  "the  number  of  scholars  present  each  school-time,  or  half  day 
and  dividing  the  total  by  four  hundred  and  sixty,  agreeably  to  the  fifteenth 
section  of  this  act." 

§  34.  In  any  suit  which  shall  hereafter  be  commenced  against  the  com 
naissioners  or  trustees  of  common  schools,  for  any  act  performed  by  virtue  of 
or  under  color  of  their  offices,  or  for  any  refusal  or  omission  to  perform  any 
duty  enjoined  by  law,  and  which  might  have  been  the  subject  of  an  appeal 
to  the  superintendent,  no  costs  shall  be  allowed  to  the  plaintiff  in  cases  where 
the  court  shall  certify  it  appeared,  on  the  trial  of  the  cause,  that  the  defend- 
fait  acted  in  good  faith.  But  this  provision  shall  not  extend  to  suits  for  pen 
alties,  nor  to  suits  or  proceedings  to  enforce  the  decisions  of  the  superintend- 
•Dt  of  common  schools. 


329  f  . 

§  35.  All  children  between  the  ages  of  four  and  twenty-one,  residing  in 
the  ciry  and  county,  shall  be  entitled  to  attend  any  of  the  common  schools 
therein  ;  and  the  parents,  guardians  or  other  persons  having  the  custody  or 
care  of  such  children,  shall  not  be  liable  to  any  tax,  assessment  or  im 
position  for  the  tuition  of  any  children,  other  than  is  hereinbefore  provi 
ded. 

§  36.  The  free  academy  in  the  city  of  New- York  shall  be  entitled  to  par 
ticipate  in  the  distribution  of  the  income  of  the  literature  and  other  funds,  in 
the  same  manner  and  upon  the  same  conditions  as  the  other  academies  of  the 
state,  and  the  regents  of  the  university  of  the  state  of  New-York  shall  pay 
annually  to  the  board  of  education  of  the  city  and  county  of  New-York,  the 
distributive  share  of  the  said  funds  to  which  the  said  free  academy  shall  by 
law  be  entitled,and  which  shall  be  applied  and  expended  for  library  books  for 
the  said  free  academy. 

§  37.  The  clerk  o"f  the  board  of  education  is  hereby  authorized  to  admin 
ister  oaths  and  take  affidavits  in  all  matters  appertaining  to  the  schools  in 
the  city  and  county  of  New- York,  and  for  that  purpose  shall  possess  all  the 
powers  of  a  commissioner  of  deeds,  but  shall  not  be  entitled  to  any  of  the 
fees  or  emoluments  thereof. 

§  38.  No  school  officer  shall  be  interested  in  any  contract,  payments  under 
which  are  to  be  made,  in  whole  or  in  part,  out  of  moneys  derived  from  the 
school  fund  or  raised  by  taxation  for  the  support  of  common  schools.  No 
teacher  employed  in  any  of  the  schools  entitled  to  participate  in  the  appor 
tionment  of  the  school  moneys,  shall  hereafter  be  eligible  to  the  office  of  com 
missioner,  inspector  or  trustee  of  common  schools. 

§  39.  The  common  council  shall  provide  and  furnish  suitable  rooms, 
for  the  meeting  of  the  board  of  education,  and  for  the  transaction  of  its  busi 
ness. 

§  40.  The  act  entitled,  "An  act  to  extend  to  the  city  and  county  of  New 
York  the  provisions  of  the  general  act  in  relation  to  common  schools,"  passed 
April  11  tli,  1842,  and  an  act  amending  the  same,  passed  April  18th,  1843; 
and  the  act  entitled,  "  An  act  more  effectually  to  provide  for  common  school 
education  in  the  city  and  county  of  New- York,"  passed  May  7th,  1844,  and 
the  several  acts  amending  the  same,  passed  respectively  on  May  llth,  1847  ; 
March  27th,  1848  ;  April  llth,  1849  ;  and  the  act  authorizing  the  board  of 
education  of  the'cify  of  New- York  to  establish  evening  schools  for  the  edu 
cation  of  apprentices,  and  others,  passed  March  25th,  1848;  and  an  act  au 
thorizing  the  board  of  education  of  the  city  and  county  of  New-York  to  es 
tablish  a  free  academy  in  caid  city,  passed  May  7th,  1 847,  and  all  other  acts 
and  parts  of  acts  inconsistent  with  or  repugnant  to  the  provisions  of  this  act. 
are  hereby  repealed. 

OSWEGO. 

By  chapter  116,  laws  of  1848,  a  city  superintendent  of  common  schools  is 
authorized  to  be  elected,  who  "  shall  have  all  the  powers  and  perform  all  th,e 
duties,  and  be  subject  to  all  the  liabilities  and  obligations  of  town  superinten 
dents  of  common  schools  in  any  town  of  the  county  of  Oswego ;  and  he  shall 
also  commence  his  term  of- office  at  the  same  time,  and  hold  it  for  the  same 
period  a^  town  superintendent."  §  20. 

By  §  10  of  the  same  act,  as  amended  by  the  first  section  of  chap.  182, 
Jaws  of  1849,  it  is  provided  that  "in  case  a  vacancy,  from  any  cause,  shall 
happen  in  the  office  of  superintendent  of  common  schools,  the  common  coun 
cil  may  appoint,  by  ballot,  a  qualified  person  to  fill  such  vacancy." 


330 
POUGHKEEPSIE. 

[Laws  of  1843.     Chap.  211.] 

AN  ACT  to  establish  Free  Schools  in  the  village  of  Poughkeepsie. 
\ 

Passed  April  18,  1843,  by  a  two-third  vote. 

'     The  People  of  the  State  of  New -York,  represented  in  Senate  and  Assembly, 
•do  enact  as  follows  : 

§  1.  The  village  of  Poughkeepsie  shall  form  a  permanent  school  district, 
not  subject  to  alteration  by  the  commissioners  of  common  schools  for  the  town 
in  which  the  said  village  is  situated. 

§  2.  There  shall  be  elected  in  said  district  the  first  year,  twelve  commis' 
sioners  of  common  schools,  as  soon  after  the  passage  of  this  act  as  the  trus 
tees  of  the  village  of  Poughkeepsie  can  order  an  election,  for  the  choice  of 
said  commissioners,  after  giving  one  week's  notice  in  all  the  papers  of  the 
village,  of  the  time  and  place  of  holding  said  election ;  the  twelve  commis 
sioners  then  elected  shall  constitute,  and  are  hereby  denominated,  the  Board 
of  Education  for  the  village  of  Poughkeepsie.  Four  of  the  said  board  shall 
go  out  of  office  at  the  expiration  of  the  first  year,  four  at  the  expiration  of 
the  second  year,  four  at  the  expiration  of  the  third  year — four  persons  being 
annually  elected  to  supply  their  places,who  shall  hold  their  office  in  said  board 
for  three  years.  The  annual  election  shall  be  held  on  the  first  Tuesday  in 
June  of  each  year. 

§  3.  The  trustees  of  the  village  of  Poughkeepsie  shall  appoint  inspectors 
of  the  said  elections,  and  of  all  other  elections  to  be  held  under  this  act,  with 
in  thirty  days  next  preceding  the  time  of  holding  the  same  ;  and  notice  there 
of  shall  be  given  in  the  same  manner,  and  the  same  shall  be  held  and  con 
ducted,  the  votes  shall  be  canvassed,  and  the  result  of  the  election  determined 
in  the  same  manner  as  in  the  case  of  the  annual  election  of  other  officers  o 
the  said  village. 

§  4.  In  case  of  vacancy  in  the  office  of  any  such  commissioners,  or  in 
case  no  person  shall  be  elected  thereto,  by  reason  of  two  or  more  persons 
having  an  equal  number  of  votes,  the  trustees  shall  appoint  an  inhabitant  of 
the  village  to  fill  the  same,  and  the  person  appointed  shall  hold  his  office  un 
til  the  next  election  of  commissioners  of  common  schools. 

§  5.  Immediately  after  the  election  of  the  said  board  of  education,  they 
shall  proceed,  under  the  provisions  of  this  law,  to  build  and  furnish  one  good 
and  substantial  school -house,  containing  two  rooms,  of  sufficient  capacity  to 
accommodate  not  less  than  one  hundred  and  twenty-five  pupils  each,  and  to 
rent  five  other  rooms  for  primary  schools  ;  said  primary  schools  to  be  opened 
for  the  reception  of  pupils  by  the  first  of  May  next  ensuing,  or  as  soon  there 
after  as  practicable,  and  the  other  schools  on  or  before  the  first  of  November 
next  ensuing.  Whenever  the  board  may  deem  necessary,  they  shall  have 
authority  to  establish  other  primary  schools  ;  and  for  the  purpose  of  defraying 
the  expenses  of  the  five  primary  schools,  and  the  schools  to  be  kept  in  the 
building  provided  for  in  this  section,  for  the  firsl  year  after  the  passage  of 
this  act,  the  trustees  of  the  corporation  of  the  village  of  Poughkeepsie  shall 
levy  and  raise  the  sum  of  fifteen  hundred  dollars. 

§  6.  The  trustees  of  the  village  of  Poughkeepsie  are  hereby  authorized 
and  required  to  borrow  on  the  bond  of  the  corporation,  at  a  rate  of  interest 
not  exceeding  seven  per  cent,  per  annum,  for  such  a  term  of  years  as  they 
may  deem  proper,  the  sum  of  three  thousand  dollars,  for  the  purchase  of  a 
site  and  erection  of  a  school-house,  as  is  provided  for  in  the  preceding  sec 
tion  ;  the  money  loaned  to  be  payable-  in  equal  annual  instalments  of  five 
hundred  dollars  per  annum,  after  the  expiration  of  the  term  of  years  for  which 
it  may  be  borrowed. 


331 

§  7.  It  shall  be  the  duty  of  the  board  of  education  to  make  to  the  trus 
tees  of  the  village  of  Poughkeepsie,  who  shall  cause  it  to  be  published  in  at 
least  two  papers  of  the  said  village,  an  annual  report,  on  or  before  the  first 
Tuesday  in  February  of  each  year,  setting  forth  the  number  and  condition  of 
each  school  under  their  charge,  and  a  detail  of  all  the  expenses  during  the  past 
year,  and  all  other  particulars  relating  to  the  schools. 

§  8.  In  their  annual  report,  the  said  board  of  education  shall  fix  and  de 
termine,  and  certify  the  amount  of  money  which,  when  added  to  the  money 
annually  apportioned  to  the  said  corporation,  out  of  the  funds  belonging  to 
the  state,  shall  be  necessary  to  support  all  the  schools  under  their  superin 
tendence.  The  said  amount  shall  in  no  case  exceed  four  times  the  amount 
which  shall  have  been  apportioned  out  of  the  funds  belonging  to  the  state  as 
aforesaid,  for  the  year  next  preceding. 

§  9.  On  the  day  of  the  annual  charter  election  of  said  village,  the  trus 
tees  shall  state  to  the  citizens  the  amount  recommended  by  the  board  of  ed 
ucation  to  be  raised  for  the  support  of  schools  for  the  ensuing  year,  and  the 
electors  may  vote  the  sum  reported  by  said  board,  or  any  other  amount  they 
shall  deem  proper,  not  inconsistent  with  the  preceding  section. 

§  10.  The  trustees  of  said  village  shall  annually  levy  and  raise  the  amount 
of  money  so  voted,  at  the  same  time  and  in  the  same  manner  as  the  other 
general  taxes  of  the  said  village  are  levied  and  raised ;  and  a  separate  col 
umn  shall  be  provided  in  the  general  assessment  rolls  of  the  said  village,  in 
which  shall  be  inserted  by  the  village  trustees  the  amount  of  tax  assessed  for 
the  support  of  common  schools. 

§  11.  All  moneys  levied  and  raised  for  the  support  of  common  schools,, 
together  with  the  public  moneys  received  from  the  state,"shall  be  paid  to  the 
treasurer  of  the  village  of  Poughkeepsie,  and  shall  be  kept  by  him  in  the 
same  manner  as  other  moneys  of  said  village  are  kept,  and  shall  be  paid  out 
by  said  treasurer  from  time  to  time,  upon  the  resolution  of  the  board  of  ed 
ucation,  duly  certified  by  the  clerk  thereof,  and  not  otherwise. 

§12.  Whenever  the  said  board  of  education  shall  deem  an  additional 
school-house  necessary,  they  shall  mention  the  same  in  their  annual  report,  to 
gether  with  the  location  they  .propose  for  it,  the  cost  of  a  lot  for  the  building, 
a  plan  of  the  building  and  an  estimate  of  the  cost  of  it.  And  the  electors  of 
the  village,  at  the  annual  election  on  the  first  Tuesday  of  June  for  four  mem 
bers  of  the  board  of  education,  as  is  hereinbefore  provided  for,  shall  vote  by 
ballot  for  or  against  the  erection  of  said  school-house,  under  such  regulations 
for  conducting  the  election  as  the  trustees  of  the  village  shall  prescribe  ;  and 
it  shall  not  be  lawful  to  erect  said  school-house  until  a  majority  of  electors 
voting  at  such  election  shall  decide  in  favor  of  it ;  and  the  cost  of  building 
and  furnishing  of  gaid  school-house  shall  in  no  case  exceed  the  sum  of  three 
thousand  dollars. 

§  1 3.  Whenever  the  electors  shall  decide  in  favor  of  the  erection  of  an  ad 
ditional  school-house,  it  shall  be  the  duty  of  the  trustees  of  the  village  of 
Poughkeepsie  to  borrow  on  the  bond  of  the  village,  at  a  rate  of  interest  not 
exceeding  seven  per  cent,  per  annum,  the  sum  of  three  thousand  dollars,  for 
the  erection  of  said  school-house ;  but  no  part  of  said  loan  shall  be  payable 
in  a  less  term  than  twelve  years  and  then  to  be  payable  in  equal  annual  instal 
ments  of  five  hundred  dollars  each.  And  all  the  loans  authorized  by  this  act, 
for  the  purchase  of  sites  and  erection  of  school-houses,  shall  not  exceed  the 
sum  of  twelve  thousand  dollars. 

§  14.  The  trustees  of  said  village  are  hereby  authorized  to  raise  by  tax 
upon  the  real  and  personal  property  of  said  village,  in  the  same  manner  as 
the  general  taxes  of  said  village  are  levied  and  collected,  the  annual  interest 
of  the  above  mentioned  loan  or  loans,  and  to  pay  over  the  same  in  discharge 
of  such  interest ;  and  also  in  each  year  in  which  an  instalment  of  the  above 
loan  or  loans  shall  become  due,  to  raise,  levy  and  collect,  in  the  same  man 
ner,  a  sum  equal  to  that  instalment,  and  to  pay  over  the  same  in  discharge 
thereof. 


332 

§  15.  The  said  board  of  education,  in  addition  to  the  powers  and  duties 
prescribed  by  this  act,  shall  perform  all  the  duties,  and  shall  have  and  pos 
sess  all  the  rights,  powers  and  authority  of  commissioners  of  common  schools 
in  the  several  towns  of  this  state,  which  shall  not  conflict  with  the  provi 
sions  of  this  law. 

§  16.  The  said  board  of  education  shall  have  power  to  establish  and 
cause  to  be  kept,  a  school  or  schools  in  said  vi  luge  tor  the  instruction  of  col 
ored  childien. 

^  §  17.  The  said  board  of  education,  in  addition  to  performing  all  the  du 
ties  of  commissioners  of  common  schools,  shall  require  three  of  their  number 
to  visit  each  school  once  a  week,  and  render  such  assistance  to  the  teacher 
and  advice  to  the  pupils  as  may  be  expedient. 

§  18.  The  said  board  of  education  shall  make  by-laws  to  regulate  their 
proceedings,  and  shall  have  the  entire  control  and  'management  of  all  the 
common  schools  of  the  village,  and  the  property  connerted  therewith. 

§  19.  The  said  board  of  education  shall  annually  report  to  the  commis 
sioners  of  the  town  of  Poughkeepsie,  the  number  of  children  over  the  ages 
of  five  and  under  sixteen  years,  in  said  district. 

§  20.  The  commissioners  of  common  schools  of  the  town  of  Poughkeep- 
.file  shall  pay  over  to  the  treasurer  of  said  village  the  amount  of  the  public 
money  that  said  village  is  entitled  to  receive  from  the  State. 

§  21.  The  said  board  of  education  shall  have  control  of  the  district  li 
brary,  shall  employ  a  librarian,  and  shall,  from  time  to  time,  make  such  reg 
ulations  respecting  it  as  they  shall  deem  necessary. 

§  22.  The  services  of  the  board  of  education,  designated  by  this  act, 
shall  be  gratuitous,  and  any  person  elected  a  member  of  said  board  who  shall 
refuse  to  serve,  shall  be  liable  to  a  penalty  of  twenty-five  dollars,  to  be  sued 
for  and  recovered  by  the  trustees  of  the  village,  and  the  money  to  be  applied 
to  the  purposes  of  education. 

§  23.  The  present  Lancaster  school  may,  with  the  consent  ef  the  trustees 
thereof  and  not  otherwise,  constitute  one  of  the  common  schools  in  said 
village,  and  shall  be  conducted  and  supported  as  other  schools  under  this 
act. 

§  24.  All  previous  acts  relating  to  common  schools  in  the  village  of 
Poughkeepsie,  conflicting  with  this  act,  shall  be,  and  are,  hereby  repeal 
ed. 

§  25.  This  act  shall  not  take  effect  unless  approved  by  a  majority  of  the 
legal  voters  of  the  village  of  Poughkeepsie,  at  a  special  election  to  be  called 
for  that  purpose  by  the  trustees  of  the  village,  within  thirty  days  after  the 
passage  of  this  act,  public  notice  of  which  shall  be  given  in  all  the  village 
papers,  and  by  hand-bills,  for  at  least  one  week  before  holding  the  election. 
The  electors  shall  vote  by  ballot,  the  ballots  having  written  or  printed  upon 
them  the  words  "  for  free  schools,"  or  "  against  free  schools  ;',  and  the  elec 
tion  shall  be  conducted  as  the  trustees  of  said  village  may  prescribe,  :and 
they  shall  certify  the  result  thereof;  and  if  a  majority  of  the  said  ballots 
shall  be  "  for  free  schools,"  then  this  act  shall  take  effect  immediately. 

ROCHESTER. 

[Chap.  262,  laws  of  1850,  as  amended  by  chap.  389,  laws o/1851.] 

By  §  9  of  Title  II,  two  Commissioners  of  Common  Schools  are  required  to 
be  annually  elected  in  each  ward,  on  the  first  Tuesday  in  March. 

"  For  the  election  of  commissioners  of  common  schools  the  electors  of  each 
ward  shall  deposit  their  ballots,  containing  the  name  of  one  person  designated 
for  the  office  ;  the  two  persons  having  the  highest  number  of  votes  shall  be 
declared  to  be  elected;  no  ballot  which  contains  more  than  one  name 
*hall  be  counted"  §  17.  By  §  30.  in  case  a  vacancy  shall  occur  in  the  office, 
"  the  Common  Council  may,  in  their  discretion,  fill  such  vacancy,  by  the  ap- 


pointment  of  a  suitable  person  who  is  an  elector,  and  if  appointed  for  a  ward 
or  district,  who  is  a  resident  of  the  ward  or  district  for  which  he  shall  be  ap 
pointed  ;  and  any  officer  appointed  to  fill  a  vacancy,  if  the  office  |s  elective, 
shall  hold  by  virtue  of  such  appointment,  only  until*  the  first  Monday  of  April 
next  succeeding.  If  an  elective  officer  whose  office  shall  have  become  vacant, 
was  one  of  a  class,  a  successor  for  the  unexpired  term  shall  be  elected  at  the 
next  annual  election." 

By  §  32  every  person  so  elected  or  appointed  to  the  office  of  commission 
er,  shall,  before  he  enters  on  the  duties  of  his  office,  and  within  five  days  after 
being  notified  of  such  election  or  appointment,  take  the  oath  of  office  prescri 
bed  by  the  constitution  of  the  State,  before  some  officer  authorized  to  take 
affidavits  to  be  read  in  courts  of  justice,  and  file  the  same  with  the  clerk  of 
the  city  ;  and  by  §  34  his  neglect  to  do  so,  or  if  required  by  the  common 
council,  to  execute  an  official  bond  or  undertaking,  the  neglect  to  execute  and 
file  the  same  in  manner  and  within  the  time  prescribed  by  the  common  coun 
cil,  shall  be  deemed  a  refusal  to  serve. 

TITLE  VI SCHOOLS    AND  BOARD  OF   EDUCATION. 

§  161.  The  several  wards  of  the  city  of  Rochester  shall  constitute  one 
school  district,  for  all  purposes  except  as  herein  otherwise  provided,  and  the 
schools  therein  shall  be  free  to  all  children  between  the  ages  of  five  and  six 
teen  [twenty  one]  residing  in  such  wards. 

§  162.  The  titles  of  the  school  houses,  sites,  lots,  furniture,  books,  appara 
tus  and  appurtenances,  and  all  other  school  property  in  this  act  mentioned;, 
shall,  within  three  months  from  the  passage  of  this  act,  be  transferred  and 
conveyed  by  the  trustees  of  the  several  school  districts  in  the  said  city,  to 
the  said  city  of  Rochester. 

§  163.  The  several  school  districts  now  in  the  city  of  Rochester  shall,  with 
in  three  months  from  the  passage  of  this  act,  deliver  over  to  and  place  in  the 
care  of  the  board  of  education  hereinafter  mentioned,  all  school  district  re 
cords,  account  books,  vouchers,  contracts,  papers  and  other  school  property  •, 
and  the  said  school  officers  of  the  said  city  and  the  several  school  districts 
thereof  shall  continue  in  office  until  the  unfinished  business  of  said  districts- 
shall  have  been  finally  closed  up  and  settled,  not  exceeding  three  months  after 
the  passage  of  this  act,  with  all  the  power  and  duties  now  by  law  imposed  up 
on  them  for  the  purpose  of  closing  such  unfinished  business. 

§  164.  The  common  council  of  said  city  may,  upon  the  recommendation  of 
the  board  of  education  hereinafter  mentioned,  sell  any  of  the  school  houses, 
lots  or  sites,  or  any  other  school  property  now  or  hereafter  belonging  to  said 
city,  upon  such  terms  as  the  said  common  council  may  deem  reasonable.  The 
proceeds  of  all  such  sales  shall  be  paid  to  the  city  treasurer  of  the  city,  and 
shall  be  by  the  said  common  council  again  expended  in  the  purchase,  repairs 
or  improvements  of  other  school  houses,  lots,  sites  or  school  furniture,  appara 
tus  or  appurtenances. 

§  165.  The  commissioners  of  common  schools  in  said  city  shall  constitute 
a  board  to  be  styled  the  "  Board  of  Education  of  the  city  of  Rochester,"  which 
shall  be  a  corporate  body  in  relation  to  all  the  powers  and  duties  conferred 
upon  them  by  virtue  of  this  act  ;  they  shall  meet  on  the  first  Monday  of  each 
and  every  month,  and  as  much  oftener  as  they  shall  from  time  to  time  appoint  ;- 
a  majority  of  the  said  board  shall  constitute  a  quorum  for  the  transaction  of 
business.  The  said  board  shall  appoint  one  of  their  number  president,  who 
shall,  when  present,  preside  at  all  the  meetings  of  said  board,  and  shall  have 
power  to  call  special  meetings  of  the  board,  in  the  manner  described  by  this 
act  for  the  calling  of  special  meetings  of  the  common  council.  In  the  absence 
of  the  president,  the  board  shall  appoint  some  other  member  to  preside  at 
such  meetings  and  perform  the  duties  of  the  president.  No  member  of 
said  board  of  education  shall,  during  the  period  for  which  he  was  elected,  be 
appointed  to,  or  be  competent  to  hold  any  office  of  which  the  emoluments  are 
paid  from  the  city  treasury,  or  paid  by  fees  directed  to  be  paid  by  any  act  or 


e    *  334 

ordinance  of  the  board  of  education,  cr  be  directly  or  indirectly  interested  in 
any  contract,  as  principal,  surety,  or  otherwise,  the  expenses  or  consideration 
whereof  are  to  be  paid  under  any  ordinance  of  the  board  of  education. 

§  16G.  The  said  commissioners  shall  annually  appoint  a  city  superintend 
ent  of  common  schools,  who  shall  hold  his  office  during  the  pleasure  of  the 
board,  and  whose  compensation  shall  be  fixed  by  the  said  board  ;  the  said  su 
perintendent  shall  officiate  as  clerk  of  the  board,  and  shall  keep  a  record  of 
the  proceedings  of  the  board,  and  perform  such  other  duties  as  the  board  may 
prescribe.  The  said  record  or  a  transcript  thereof,  certified  by  the  president 
and  clerk,  shall  be  received  in  all  courts  as  prima  facie  evidence  of  facts  there 
in  set  forth  ;  and  such  records  and  all  the  books,  accounts,  vouchers  and  papers 
of  said  board  shall  at  all  times  be  subject  to  the  inspection  of  the  common 
council  and  of  any  committee  thereof. 

§  167.  The  common  council  of  said  city  shall  have  the  power,  and  it  shall 
be  their  duty  to  raise  from  time  to  time,  by  tax  to  be  levied  equally  upon  all 
the  real  and  personal  estate  in  said  city  which  shall  be  liable  to  taxation  for 
the  ordinary  city  taxes  or  for  city  or  county  charges,  such  sum  or  sums  of  mon 
ey  as  may  be  necessary  or  proper  for  any  or  all  the  following  purposes  : 

1.  To  purchase,  lease  or  improve  sites  for  school  houses. 

2.  To  biiHd,  purchase,  lease,  enlarge,  improve,  alter  and  repair  school  hous 
es  and  iheir  out-houses  and  appurtenances. 

3.  To  purchase,  improve,  exchange  and  repair  school  apparatus,  books,  fur 
niture  and  appendages, 

4.  To  procure   fuel  and  defray   the  contingent  expenses  of  the  common 
schools. 

6,  To  pay  the  wages  of  teachers  due  after  the  application  of  the  public 
moneys  which  may  by  law  be  appropriated  and  provided  for  that  purpose : 
provided,  nevertheless,  that  the  tax  to  be  levied  as  aforesaid  and  collected  by 
virtue  of  this  act,  shall  be  collected  at  the  same  time  and  in  the  same  manner 
as  other  city  taxes. 

6.  And  the  amount  to  be  raised  for  teachers'  wages  and  contingent  expen 
ses,  in  any  one  year,  shall  not  be  less  than  four  nor  more  than  five  times  the 
amount  appropriated  to  said  city  from  the  common  school  fund  of  the  State 
during  the  previous  year.  Nor  shall  the  amount  to  be  raised  in  any  one  year, 
to  lease,  alter,  improve  and  repair  school  houses  and  their  out-houses  and  ap 
purtenances,  exceed  three  thousand  dollars.  Nor  shall  the  amount  to  be  raised 
in  any  one  year  to  purchase  and  improve  sites,  and  build  or  enlarge  school 
houses,  exceed  three  thousand  five  hundred  dollars  each  ;  and  the  common 
council  of  said  city  are  authorized  and  directed,  when  necessary,  to  raise  by 
loan,  in  anticipation  of  the  taxes,  the  moneys  so  to  be  raised,  collected  and 
levied  as  aforesaid. 

§  168.  All  moneys  to  be  raised  pursuant  to  the  provisions  of  this  act,  and 
all  school  moneys  by  law  appropriated  to,  or  provided  for  said  city,  shall  be 
paid  to  the  city  treasurer  thereof,  who,  together  with  their  sureties  upon  his 
official  bond,  shall  be  accountable  therefor  in  the  same  manner  as  for  other 
moneys  of  said  city.  The  said  city  treasurer  shall  be  liable  to  the  same  penal 
ties  for  any  official  misconduct  in  relation  to  the  said  moneys,  as  for  any  simi 
lar  misconduct  in  relation  to  other  moneys  of  said  city. 

§  169.     The  said    "  board  "  shall  have  power,  and  it  shall  be  their  duty, 

1.  To  establish  and  organize  in  the  several  wards  of  said  city  such  and  so 
many   schools  (including  the  common  schools  now  existing  therein)  as  they 
shall  deem  requisite  and  expedient,  and  to  alter  and  discontinue  the  same. 

2.  To  hire  school  houses  and  rooms  and  improve  them  as  they  may  deem 
proper. 

3.  To  alter,  enlarge,  and  improve  and  repair  school  houses  and  appurtenan 
ces  as  they  may  deem  advisable. 

4.  To  purchase,   exchange,  improve  and  repair  school  apparatus,  fnrniture 
and  appendages,  and  to  defray  their  contingent  expenses. 

5.  To  have  the  custody  and  safe  keeping  of  the  school  houses,  out-houses, 
fences,  books,  furniture  and  appendages,  and  to  see  that  the  ordinances  of  the 
common  counncil  in  relation  thereto  be  observed. 


335 

6.  To  contract  with,  license  and  employ  all  teachers  in  said  schools  and  at 
their  pleasure  to  remove  them. 

7.  To  pay  the   wages  of  such  teachers  out  of  the  moneys  appropriated 
and  provided  by  law  for  the  support  of  schools  in  said  city,  so  far  as  the 
same  shall  be  sufficient,  and  the  residue  thereof    from  the  money    authori 
sed  to  be  raised  for  that  purpose  by  section  167  of  this  act,  by  tax  upon  said 
city. 

8.  To  defray  the  necessary  contingent  expenses  of  the  board  including  an 
annual  salary  to  the  superintendent. 

9.  To  have  in  all  respects  the    superintendence,  supervision  and  manage 
ment  of  the  common  schools  in  said  city,  and  from  time  to  time  to  adopt,  alter, 
modify  and  repeal,  as  they  may  deem  expedient,  rules  and  regulations  for  their 
organization,  government,  visitation  and  instruction,  for  the  reception  of  pupils 
and  their  transfer  from  one  school  to  another,  and  generally  for  the  promotion 
of  their  good  order,  prosperity,  and  public  utility. 

10.  Whenever,  in  the  opinion  of  the  board  it  may-be  advisable  to  sell  any 
of  the  school  houses,  lots,  or  sites,  or  any  of  the  school  property  now  or  here 
after  belonging  to  the  city,  to  report  the  same  to  the  common  council. 

11.  To  prepare  and  report  to  the  common   council  such  ordinances  and  re 
gulations  as  may  be  necessary  or  proper  for  the  protection,  safe  keeping,  care 
and  preservation  of  school  houses,  lots,  and  sites  and  appurtenances,  and  all 
the   property  belonging  to  the  city  connected  with,  or  appertaining   to  the 
schools,  and  to  suggest  proper  penalties  for  the  violation  of  such  ordinances 
and  regulations  ;  and  annually  on  or  before  the  first  day  of  September  on  each 
year  to  determine  and  certify  to  said  common   council,  the  sums  in  their  opin 
ion  necessary  or  proper  to  be  raised  under  the  167th  section  of  this  act,  speci 
fying  the  sums  required  (for  the  year  commencing  on  the  first  Monday  of  April 
thereafter)  for  each  of  the  purposes  therein  mentioned  and  the  reasons  there 
for. 

12.  Between  the  first  day  of  January  and  the  fifteenth  day  of  January  in 
each  year,  to  make  and  transmit   to  the  county  clerk   or  such  other  officer  as 
may  be  designated   by  law,  a  report  in  writing,  bearing  date  the  first  day  of 
January  in  the  year  of  its  transmission,  and  stating : 

1.  The  number  of  school  houses  in  said  city,   and  an  account  and  descrip 
tion  of  all  of  the  common  schools  kept  in  said  city  during  the  preceding  year, 
and  the  'time  they  have  severally  been  taught. 

2.  The  number  of  children  taught  in  said  schools   respectively,   and  the 
number  of  children  over  the  age  of  five  [four]  years,  and   under  the   age  of 
sixteen  [21]  years  residing  in  said  city  on  the  last  day  of  December  previous. 

3.  The  whole  amount  of  school  morievs  received  by  the   city  treasurer  of 
said  city  during  the  year  preceding,  distinguishing  the  amount  received  from 
the  county  treasurer  from  the  city  tax,  and  from  any  other  source. 

4.  The  manner  in  which  such  moneys  had  been  expended,  and  whether  any 
and  what  part  remains  unexpended  and  for  what  cause. 

6.  The  amount  of  money  received  for  tuition  fees  from  foreign  pupils  du 
ring  the  year,  and  the  amount  paid  for  teachers'  wages  in  addition  to  the  pub 
lic  moneys,  with  such  other  information  relating  to  the  common  schools  of  said 
city,  as  may  from  time  to  time  be  required  by  the  state  superintendent  of  com 
mon  schools. 

§  170.  The  said  board  of  education  shall  have  power  to  allow  the  children 
of  persons  not  resident  within  the  city  to  attend  any  of  the  schools  of  said 
city  under  the  care  and  control  of  said  board,  upon  such  terms  as  said  board 
shall  by  resolution  prescribe,  fixing  the  tuition  which  shall  be  paid  therefor. 

§  171.  It  shall  be  the  duty  of  said  board  in  all  their  expenditures  and  con 
tracts  to  have  reference  to  the  amount  of  moneys  which  shall  be  subject  to 
their  order  during  the  then  current  year,  for  the  particular  expenditure  in  ques 
tion,  and  not  to  exceed  that  amount,  and  thev  shall  apply  the  moneys  levied, 
raised  and  received  by  them  for  the  support  of  common  schools  in  said  city,  in 


336 

*uch  ft  manner  as  shall  secure  equal  educational  advantages  to  all  the  child 
renof  said  city  over  five  andunder  sixteen  [21]  years  of  age,  by  continuing  the 
schools  in  each  district  an  equal  period  as  near  as  may  be. 

§  172.  The  said  board  of  commissioners  shall  be  trustees  of  the  school  li 
brary  or  libraries  in  said  city,  and  all  the  provisions  of  the  law  which  now  are 
or  hereafter  may  be  passed  relative  to  district  school  libraries  shall  apply  to 
the  said  commissioners.  They  shall  also  be  vested  with  the  same  discretion 
as  to  the  disposition  of  the  moneys  appropriated  by  any  laws  of  this  State 
for  the  purchase  of  libraries  which  is  therein  conferred  upon  the  inhabitants 
of  school  districts.  It  shall  be  their  duty  to  provide  for  the  safe  keeping  of 
the  libraries.  The  city  superintendent  shall  be  the  general  librarian.  The 
bo'erd  shall  also  appoint  a  librarian  for  each  school,  to  have  the  care  of  the  books 
and  to  superintend  the  letting  out  and  return  thereof.  The  several  school 
librarians  shall  from  time  to  time  inform  the  general  librarian  of  the  state  and 
condition  of  their  libraries,  and  the  said  board  or  the  general  librarian  under 
the  direction  or  by  rcsofution  of  the  said  board,  may  make  all  purchases  of 
books  for  the  libraries,  and  provide  for  their  equitable  distribution  among  the 
schools,  and  exchange  or  cause  to  be  repaired,  the  damaged  books  belonging 
thereto,  and  also  to  sell  any  books  which  may  be  deemed  useless,  and  apply 
the  proceeds  to  the  purchase  of  other  books  for  said  libraries. 

§  173.  It  shall  be  the  duty  of  the  said  board,  at  least  twenty  days  be 
fore  the  annual  election  for  commissioners  in  each  year,  to  prepare  and 
report  to  the  common  council  true  and  correct  statements  of  the  receipts 
and  disbursements  of  money  under  and  in  pursuance  of  the  provisions  of  this 
act,  during  the  preceding  year,  in  which  account  shall  be  stated  under  appro 
priate  heads, 

1.  The  moneys  raised  by  the  common  council  under  the  167th  section  of 
this  act  : 

2.  The  school  moneys  received  by  the  city  treasurer  of  the  city  : 

3.  The  moneys  received  by  the  common  council  under  the   167th  section 
of  this  act: 

4.  All  other  moneys  received  by  the  city  treasurer  subject  to  the  order  of 
the  board  specifying  the  same  and  sources  : 

5.  The  manner  in  which  such  sums  of  money  shall Jiave  been  expended,  speci 
fying   the  amount   paid  under  each  head  of  expenditure.     And  the  common 
council  shall,  ten  days  before  such  election,  cause  the  same  to  be  published  in 
afc  least  two  of  the  newspapers  published  in  said  city. 

§  174.  The  common  council  of  the  said  city  shall  have  the  power  to  pass 
such  ordinances  and  regulations  as  the  said  board  of  education  may  report 
as  necessary  and  proper  for  the  protection,  safe  keeping,  care  and  preserva 
tion  of  the  school  houses,  lots,  sites,  appurtenances  and  appendages,  libraries, 
and  all  necessary  property  belonging  to  or  connected  with  the  schools  in  said 
city,  and  to  impose  proper  penalties  for  the  violation  thereof,  subject  to  the 
restrictions  and  limitations  contained  in  this  act ;  and  all  such  penalties  shall 
be  collected  in  the  same  manner  that  the  penalties  for  the  violation  of  the  city 
ordinances  are  by  law  collected,  and  when  collected  shall  be  paid  to  the  city 
treasurer  of  the  city,  and  be  subject  to  the  order  of  the  board  of  education  in 
ihe  same  manner  as  other  moneys  raised  pursuant  to  this  act. 

§  175  It  shall  be  the  duty  of  the  common  council,  within  fifteen  days  af 
ter  receiving  the  certificate  of  the  commissioners  required  by  the  169th  section 
of  this  act,  of  the  sums  necessary  or  proper  to  be  raised  under  the  167th  sec 
tion  of  this  act,  to  determine  and  certify  to  said  board  of  education  the  amount 
that  will  be  raised  by  them  for  the  year  commencing  on  the  first  Monday  of 
April  thereafter,  for  the  purposes  mentioned  in  said  167th  section,  distinguish 
ing  between  the  amount  to  be  raised  for  teachers'  wages  and  contingent  expen 
ses,  and  the  amount  to  be  raised  for  the  repair  of  school  houses,  which  amounts 
ahall  be  subject  to  the  disposal  of  the  board  of  education. 

§  176.  All  the  moneys  required  to  be  raided  by  virtue  of  this  act  or  re 
vived  by  the  said  city  for  or  on  account  of  the  common  schools,  shall  be  de- 


337 

•posite:!  for  the  safe  keeping  thereof  with  the  city  treasurer  of  said  city  to  the 
credit  of  said  board  of  education,  and  shall  be  drawn  out  in  pursuance  of  a  re 
solution  or  resolutions  of  said  board  by  drafts  drawn  by  the  president  and 
countersigned  by  the  clerk  of  said  board,  payable  to  the  order  of  the  person 
or  persons  entitled  to  receive  such  moneys,  and  said  city  treasurer  shall  keep 
the  funds  authorized  by  this  title  to  be  received  by  him  separate  and  distinct 
from  any  other  fund  which  he  is  or  may  by  law  be  authorized  to  receive. 

§  177.  'Die  real  and  personal  estate  in  each  of  the  school  districts,  num 
bers  fourteen  and  sixteen,  as  at  present  existing  shall  be  assessed  toward  de 
fray  ing  the  expense  of  building  a  school  house  in  each  of  said  districts  re 
spectively  as  follows  :  Number  fourteen,  a  sum  not  exceeding  two  thousand 
dollars,  and  number  sixteen  a  sum  not  exceeding  one  thousand  dollars,  and 
the  balance,  which  may  be  found  necessary  to  complete  the  school  houses  in 
paid  districts  fourteen  and  sixteen,  respectively,  shall  be  paid  out  of  money* 
authorized  to  be  raised  by  section  167  of  this  act,  to  build  and  enlarge  school 
houses. 

§  178.  The  said  board  of  education  shall  have  power  to  establish  and 
cause  to  be  kept,  such  number  of  schools  in  said  city  for  the  instruction  of 
colored  children,  as  they  shall  deem  expedient. 

§  179.  The  said  board  of  education  shall  possess  all  the  power  and  be 
subject  to  all  the  duties  and  responsibilities  of  trustees  of  common  schools  im 
the  towns,  in  respect  to  the  school  mentioned  in  the  last  preceding  section,  s« 
far  as  the  same  are  applicable ;  and  shall  pay  the  compensation  of  the  teachers 
of  '.he  s-aid  schools,  and  all  the  other  expenses  thereof,  out  of  the  money  r;«i»- 
ed  by  tax  under  this  act,  for  the  support  of  common  schools  ;  and  until  such 
schools  for  the  instruction  of  c< -lore- 1  children  shall  be  so  provided,  it  shall  not 
be  lawt'ul  to  impose  any  tax  upon  he  property  of  any  colored  person  in  said 
ci-ty,  for  the  support  of  common  schools. 

^  l<s(j.  Whenever  the  said  board  of  education  rhall  determine  to  establish 
any  schools  for  the  instruction  of  colored  children,  they  shall  divide  the  said 
city  into  convenient  districts  for  the  accommodation  of  such  children,  and 
enter  ihe  boundaries  thereof  on  their  records ;  they  shall  make  an  estimate  of 
the  expense  of  erecting  a  suitable  school  house  in  each  of  said  districts,  and 
determine  the  sites  thereof  respectively,  and  report  all  their  doings  under  thi* 
section,  to  the  common  council. 

S  181.  The  common  council  shall  have  power  to  raise  by  general  tax,  in 
the  manner  hereinbefore  provided,  and  on  a  separate  warnint.  such  sum  a* 
flidl  be  necessary  to  build  a  school  house  in  each  of  the  said  districts,  or  in  a* 
many  "f  them  as  they  may  deem  expedient,  not  exceeding  in  the  aggiegatc 
the  sum  of  rive  thousand  dollars,  or  the  said  common  council  may  refuse  t* 
raise  such  tax. 

§  182.  In  cnse  the  common  council  shall  refuse  to  raise  such  tnx,  the  said 
board  of  education  shall  have  power  to  provide,  and  lease  suitable  rooms  or 
buildings  for  the  accommodation  of  such  schools,  or  either  of  them  ;  but  the 
annual  expenditure  for  this  purpose  shall  not  exceed  '  the  sum  of  five  hundred 
dollars. 

§  KS;}.  It  shall  be  the  duty  of  the  trustees  of  the  Rochester  Collegiate  In 
stitute  to  make  the  reports  and  returns  which  by  law  they  are  requiied  t» 
HKtke,  as  trustees  of  a  school  district,  to  the  said  board  of  education. 


SALEM. 

[Laws  of  1851.     Chap.  206.] 

§  88.  The  board  of  trustees  [of  the  village  of  Salem]  aforesaid,  shall,  with 
in  twenty  days  after  the  passage  of  thi^  act,  appoint  six  coinm  ssimiers  of 
ftcln  ois.  The  persons  so  appointed,  shall,  within  rive  days  after  their  appoint* 
meiit,  take  the  oath  of  office  prescribed  by  the  constitution  of  this  state  for 
etate  oth'cer«,  and  tile  the  same  with  the  cle;k. 

22 


338 

§  89.  The  board  of  trustees  shall  divide  the  said  commissioners  into  three 
classes,  to  be  denominated  first,  second  and  third,  and  shall  designate  to  which 
class  each  person  so  appointed  shall  belong.  The  term  of  office  of  the  first 
class  shall  expire  on  the  last  Monday  in  April  next  thereafter  ;  of  the  second 
in  one  year  ;  and  the  third,  two  years  from  the  said  last  Monday  in  April. 

§  90.  There  shall  be  elected  at  the  next  annual  election  thereafter,  two 
commissioners  of  schools,  and  each  year  thereafter  the  like  number,  to  supply 
the  places  of  those  whose  term  is  about  to  expire  :  such  person  so  appointed 
or  elected  as  aforesaid,  shall  hold  their  offices  till  successors  shall  be  duly 
elected  and  qualified,  and  the  term  of  office  shall  be  two  years,  except  when 
elected  or  appointed  to  fill  a  vacancy. 

§  91.  The  board  of  trustees  may  make  appointments  to  fill  vacancies, 
which  may  occur  from  any  cause  other  than  the  expiration  of  the  term  of  office 
of  those  elected.  The  commissioners  so  appointed  shall  hold  their  offices  for 
the  unexpired  term  of  those,  to  supply  whose  places  they  are  appointed. 

§  92.  The  president  of  the  board  of  trustees,  together  with  the  said  com 
missioners,  shall  constitute  a  board  to  be  styled  "  The  Board  of  Education  of 
the  village  of  Salem,"  and  shall  be  a  corporate  body  in  relation  to  all  the 
powers  and  duties  conferred  or  imposed  by  law.  In  the  absence  of  said  presi 
dent,  such  board  may  appoint  one  of  their  number  to  preside.  A  majority  of 
auch  baard  shall  be  a  quorum.  No  member  of  such  board  shall  receive  any 
compensation  for  bis  services.  The  clerk  of  said  village  shall  be  clerk  of  said 
board. 

§  93.  The  clerk  of  said  board  of  education  shall  keep  a  record  of  the  pro 
ceedings  thereof,  and  perform  such  other  duties  as  the  board  may  prescribe ; 
such  record  or  a  transcript  thereof,  certified  by  such  clerk  under  the  seal  of  the 
said  board,  shall  be  presumptive  evidence  of  the  facts  therein  set  forth  ;  and 
such  record,  and  all  the  books,  accounts  and  proceedings  of  said  board,  shall 
be  subject  to  the  inspection  of  said  board  of  trustees,  and  of  any  committee 
{hereof.  Such  clerk  shall  also  perform  all  the  duties,  and  shall  be  vested  with 
all  the  powers  conferred  or  imposed  by  law  on  clerks  of  school  districts  in 
towns,  so  far  as  such  laws  may  be  applicable  and  can  be  applied  to  such  vil 
lage,  and  are  not  inconsistent  with  this  act.  He  may  appoint  a  deputy,  who 
shall  be  vested  with  the  same  powers. 

§  94.  The  board  of  trustees  aforesaid  shall  have  power,  and  it  shall  be 
their  duty,  to  raise  from  time  to  time  by  tax  upon  the  taxable  property  and 
persons  in  such  village,  which  shall  be  liable  to  taxation  for  county  purposes, 
in  addition  to  the  amount  now  or  hereafter  to  be  provided  bylaw  for  common 
schools  in  said  village,  such  sums  as  may  be  determined  and  certified  by  said 
board  of  education  to  be  necessary  for  any  or  all  of  the  following  purposes  : 

1.  To  purchase,  lease,  or  improve  sites  for  school  houses  and  appurtenan 
ces. 

2.  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair  school 
houses,  and  their  out  houses,  and  appurtenances. 

3.  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books, 
maps  and  charts,  furniture  and  appendages  ;  provided,  however,  that  class  or 
text  books  shall  not  be  furnished  for  any  scholars  whose   parent  cr  guardian 
shall  be  able  to  furnish  the  same. 

4.  To  procure  fuel  and  defray  the   contingent  expenses  of  schools  and  of 
the  school  library. 

5.  To  pay  teachers'  wages. 

6.  To  pay  charges  or  expenses   incurred  by  law  or   necessary   to  carry 
this  act  into  effect,  or  to  refund  loans  contracted  by  law,  and  to  pay  the  inter 
est  thereon,  or  to  pay  such  sums  as  shall  be  required  to  fulfil  any  contract  du 
ly  made  under  the  provisions  of  this  act. 

§  95.  The  board  of  trustees  shall  cause  the  amount  of  such  school  tax  to 
be  added  in  a  separate  column,  to  the  assessment  roll  for  ordinary  taxes  in 
said  village ;  and  they  shall  cause  the  same  to  be  assessed,  levied  and  collect 
ed  at  the  same  time  and  by  the  same  warrant,  and  in  the  same  manner  with 
the  taxes  raised  for  village  purposes  as  aforesaid. 


339 

§  96.  All  moneys  raised  for  school  purposes  in  said  village  and  all  belonging 
thereto,  payable  from  other  sources,  shall  be  paid  to  the  treasurer  of  said  vil 
lage,  who  together  with  the  sureties  on  his  official  bond,  shall  be  accountable 
therefor,  in  the  same  manner  as  for  other  moneys  of  the  said  village.  The 
treasurer  shall  also  be  liable  to  the  same  penalties  for  any  official  misconduct 
in  relation  to  such  moneys,  as  for  any  similar  misconduct  in  relation  to  other 
moneys  of  said  village. 

§  97.  The  treasurer  shall  keep  a  separate  account  of  all  moneys  in  his 
hands  or  received  for  school  purposes,  to  be  called  the  "  school  fund."  No 
payment  shall  be  msde  out  of  that  fund,  except  upon  orders  duly  drawn  in  pur 
suance  of  a  resolution  of  said  board  of  education,  and  certified  by  the  clerk,  and 
countersigned  by  the  president  of  said  board.  The  treasurer  shall  in  his  an 
nual  report,  state  fully  the  account  of  all  receipts  and  disbursements  from  that 
fund  during  the  year,  and  the  balance,  if  any,  in  his  hands.  His  account  as 
to  the  school  fund  shall  be  examined  by  the  board  of  education,  annually, 
who  shall  report  thereon  to  the  trustees. 

§  98.  The  said  board  of  education  shall  have  power,  and  it  shall  be  their 
duty: 

1.  To  establish  and  organize  such  and  so  many  schools  in  said  village,  in 
cluding  the  common  schools  therein,  as  they  shall  deem  requisite  and  expedi 
ent,  and  to  alter  and  di -icontinue  or  change  and  consolidate  the  same. 

2.  i7\>  purchase  or  hire  school  houses  ami  rooms  and  lots  or  sites  for  school 
houses,  and  to  fence,  improve  and  repair  them  as  they  shall  judge  expedient. 

3.  Upon  such  sites  or  lots,  or  upon  any  lots  owned  by  said  village,  to  build, 
enlai-ge,  alter,  improve  and  repair  school  houses,  out  houses  and  appurtenan 
ces,  as  they  may  deem  advisable. 

4.  To  purchase,   exchange,    improve   and  repair   school  apparatus,   books 
for  indigent  pupils  and  for  the  school  library,  to  provide  fuel  and  lights,   fur 
niture  and  appendages  for  the  schools,  and  defray  their   contingent  expenses 
and  the  expenses  of  library. 

5.  To  have  the  custody  and  safe-keeping  of  the  school-houses  and  all  the 
school  property  aforesaid,  and  to  see  tha^  the  ordinances  of  the  board  o 
trustees  in  regard  thereto  be  observed,  and  to  report  to  them  any  violation 
thereof. 

6.  To  contract  with,  examine,  license  and  employ  all  teachers  in  the  schools 
either  high  or  common,  and  in  all  branches  or  departments  thereof,  and  at 
their  pleasure  to  remove  them. 

7.  To  pay  the  wages  of  snch  teachers  out  of  the  school  moneys  which 
shall  be  appropriated  and  provided  by  the  said  village,  so  far  as  the  same 
shall  be  sufficient,  and  the  residue  thereof  from  the  money  authorized  to  be 
raised  by  this  act  by  tax  as  aforesaid. 

8.  To  defray  the   necessary  contingent  expenses  of  the  board  of  educa 
tion,  provided  that  rhe  account  of  such  expenses  shall  be  first  audited  and 
allowed  by  the  board  of  trustees. 

9.  To  have,  in  all  respects,  the  superintendence,  supervision  and  manage 
ment  of  the  schools  aforesaid,  to  adopt,  alter,  modify  and  repeal,  as  they  may 
deem  expedient,  rules  and  regulations  for  their  organization,  government  and 
instruction,  for  the  reception  of  pupils  and  their  transfer  from  one  school  to  an 
other,  and  generally  for  their  good  order,  prosperity  and  public  utility. 

10.  Whenever,  in  the  opinion  of  the  board  of  education,  it  may  be  advi 
sable  to  sell  any  of  the  school-houses,  lots  or  sites,  to  repot  t  the  same  to  the 
board  of  trustees. 

11.  To  prepare  and  report  to  the  board  of  trustees  such  ordinances  and 
regulations  as  may  be  necessary  and  proper  for  the  protection,  safe-keeping, 
care  and  preservation  of  property  held  for   school  purposes,  and  to  suggest 
proper  penalties  for  the  violation  thereof;  and  annually  to  determine  and 
certify  to  said  board  the  sums,  in  their  opinion,  necessary  to  be  raised  for  the 
several  school  purposes  specified  in  this  act. 


340 

12.  To  provide  for  the  payment  to  any  adjoining  school  district,  or  any 
person  or  per-ons  entitled  thereto,  of  any  sum  on  account  of  such  person,  or 
or  any  part  of  said  district  being  or  having  been  included  or  connected  with 
territory  not  MOW  included  in  said  village. 

13.  Between  the  first  day  of  July  and  the  first  day  of  August  in  each 
year,  to  make  and  file  with  the    county  clerk  and  with  the  clerk  of  said  vil 
lage,  a  report  in  writing,  bearing  date  the  first  day  of  July  in  such  year,  and 
Btatiug :  ' 

1.  An  account  and  description  of  all  the  schools  kept  in  said  village 
during  the  preceding  year,  and  the  time  they  have  severally  been 
taught 

2  The  number  of  children  taught  in  said  school  respective  y,  and  designat 
ing  the  number  ove  i  five  and  under  sixteen  years  of  age,  residing  in  said 
village  on  the  first  day  of  January  in  said  year. 

3.  The   whole  amount  of  school  moneys   received    by  the  treasurer    of 
said  village  during  the  year  preceding,  designating  the  amount  received  from 
the  county  treasurer,  from  the  village  collector  and  from  other  sources,  speci 
fying  the  same. 

4.  The  manner  in  which  such  moneys  have  been  expended  and    whether 
any  part  remained  unexpended  with  the  amount  and  cause  thereof.  , 

5.  The  amount  of   moneys  received  for  tuition  fees  from  foreign  pupils  or 
others  during  the  year;  the  amount  paid  for  teachers'  wages  in    the    aggre 
gate,  and  the  amount  over   and  above  the  public  moneys,  together  wilh'such 
other  tacts  as  relate  to  common  schools  as  is  required  by  law  to  be  reported 
by  town  superintendents,  or  as  said  board   of  trustees   ?hall  deem    neces 
sary. 

14.  To  establish,  organize  and  maintain  in  said  village,  whenever  in  their 
opinion    it   shall    be  necessary  a  union  or  consolidated  school,  composed  of 
primary    and  secondary •  schools  and  a  high  school,  on  such    plan   and  under 
such  discipline  and  management  as  they  shall   deem  advisable ;  and  in  such 
case  to  prescribe  the  course  oi  studies  therein,  and  so  arrange  and    regulate 
the  system  of  instruction  in  each  of  .-aid  schools,  that  the  transfer  of  pupils 
shall  thereafter  be  from  ;he  primary,  directly  into  the  secondary   and  thence 
into  the  high  school  i,r  olhei  win-  as  they  shall  deem  advisable.     And  for  the 
purposes afore-aid,  said  board  shall  be  vested  with  all  the  powers  and  charg 
ed  with  all  the  duties   and  liabilities   abovt-    specified  in   regard   to  schools 
generally. 

And  said  board  may  organize  and  maintain  primary,  secondary  or'hrgh 
schools,  or  either  of  them  in,  or  cause  the. -ame  to  be  taught  in  connection 
with  the  Washington  academy  on  such  terms  and  conditions,  and  for  such 
time  not  excediug  ten  years  as  shall  be  deemed  expedient  by  and  between 
Raid  board  of  education  and  the  trustees  of  such  academy  ;  such  management 
shal,!,  if  made,  be  by  contract  duly  executed  by  said  parties,  but  no  such 
contract  shall  be  made  without  the  absent  of  the  board  of -trustees  of  said 
village  ;  and  in  such  case  i-aid  board  of  education  are  vested  with  power  to 
make  such  rules  and  regulations  as  they  shall  see  fit  as  to  the  age  or  degree 
of  scholarship  required  to  enter  said  several  departments,  ihe  compensation 
and  payment  therefor  and  other  terms  thereof,  and  the  time  of'continuance 
therein. 

§  99.  Such  board  of  education  shall  have  a  standing  committee, consisting 
of  not  less  than  three  members,  whose  duty  it  shall  be  to  visit  said  schools, 
arid  each  department  thereof,  as  <  i'ten  as  twice  every  term,  and  to  make  re 
port  in  writing  t<>  said  board  in  regard  thereto. 

£  1"().  The  said  board  of  cducatiji  n  may  permit  children  of  person*  not 
resilient  within  said  village,  to  attend  said  schools  on  sin  h  terms  as  they  shall 
presciibe;  and  said  hoard  may.  in  the  name  of  said  village,  sue  fcr  and  re- 
cover  <:f  the  father  or  mother,  master  or  mistress,  or  other  person  under  whose 
charge  such  c;ti!d  o 
with  costs  of  suit. 


341 

§  101.  The  board  of  education  shall  be  trustees  of  the  district  library  or 
libraries  in  said  village.  All  the  provisions  of  law  which  now  are  or 
hereafter  may  be  passed,  relating  to  school  district  libraries,  shall  apply  to 
the  said  commissioners  and  board  of  education,  so  far  as  the  same  aiv  appli 
cable  and  can  be  applied,  and  are  not  incon -latent  with  this  act,  in  the  same- 
manner  as  if  they  were  trustees  of  a  school  district  composed  of  the  said  vil 
lage.  They  shall  be  vested  with  the  discretion  as  to  the  disposition  of  libra 
ry  moneys,  which  is  by  law  conferred  upon  the.  inhabitants  of  school  districts 
and  they  may  consolidate  the  said  libraries,  or  dispose  of  parts  thereof,  as 
deemed  "best  It  shall  be  their  duty  to  provide  a  library  room  or  rooms, 
and  the  necessary  furniture  therefor,  appoint  a  librarian,  make  all  purchases 
of  books,  exchange  or  cause  to  be  repaired  all  damaged  books,  and  sell  those 
deemed  useless  or  of  an  improper  character,  and  apply  the  proceeds  to  the 
purchase  of  others. 

§  102.  No  trustee  of  said  village  or  member  of  said  board  of  education 
shall  be  a  contractor  or  be  interested  in  any  contract  for  building  or  making 
any  erections  or  repairs  authorized  by  this  act,  or  furnishing  materials  there 
for.  All  contracts  made  in  violation  hereof  shall  be  void,  so  far  as  any  ben 
efit  may  be  realized  therefrom  by  the  offender,  and  such  person  shall  forfeit 
to  said  village  fifty  dollars,  to  be  recovered  by  them  before  any  court  having 
cognizance  of  the  same,  with  costs. 

§  1 03.  The  board  of  trustees  of  said  village  may  pass  such  ordinances 
and  regulations  as  they  may  deem  necessary,  or  as  shall  be  reported  by  said 
board  of  education,  for  the  protection,  safe  keeping,  care  and  maintenance  of 
the  scho.»l-house  or  other  property  connected  with  the  schools  or  property 
held  or  occupied  or  used  for  school  purposes,  and  to  impose  penalties  for  the 
violation  thereof,  subject  to  the  restrictions  contained  in  this  act;  and  all 
euch  penalties  shall  be  collected  in  the  same  manner  as  other  penalties  im 
posed  by  said  board,  and  when  collected  shall  be  paid  to  the  treasurer,  to  the 
credit  of  the  school  fund,  and  be  subject  to  the  order  of  the  board  of  educa 
tion. 

1 04.  Whenever  the  said  board  of  education  shall  report  to  the  trustees 
that  it  is  advisable  to  sell  any  of  the  school  property  as  aforesaid,  the  said 
trustees  shall  sell  the  same  as  soon  as  may  be,  and  upon  such  terms  as  said 
trustees  shall  deem  best.  The  proceeds  of  all  such  sales  shall  be  paid  to  the 
treasurer,  to  the  credit  of  the  school  fund. 

§  105.  The  title  of  the  school  house  and  other  school  property  aforesaid, 
shall  be  vested  in  the  trustees  of  the  village  of  Salem  ;  and  the  same,  while 
used  or  kept  for  use  for  school  purposes,  shall  not  be  levied  on  or  sold  by  vir 
tue  of  any  process,  or  be  subject  to  taxation  for  any  purpose ;  nor  shall  the 
same  be  me  timbered  or  in  any  way  disposed  of,  except  as  authorized  by  this 
act.  The  said  village,  in  its  corporate  capacity,  may  take,  hold  or  dispose  of 
any  real  or  personal  estate,  transferred  to  it  by  gift,  grant  or  devise,  for  the 
use  or  benefit  of  said  schools,  or  any  of  them,  and  whether  the  same  shall  be 
transferred,  given,  granted  or  devised  in  terms  to  said  village  by  its  proper 
style,  or  by  any  other  designation,  or  to  any  other  designation,  or  to  any  per 
son  or  persons,  or  body,  or  otherwise,  for  the  use  or  benefit  of  said  schools  or 
either  of  them. 

§  106.  The  town  superintendent  of  comramon  schools  of  the  town  of  Sa 
lem,  in  making  the  apportionment  of  school  or  library  moneys  among  the 
several  districts  in  said  town,  shall  allot  to  said  village  such  sum  as  shall  be 
its  proportion  of  such  moneys,  considering  such  village  as  a  regular  school 
district  of  said  town,  and  the  report  of  the  board  of  education  as  the  report 
of  its  trustees.  Such  superintendent  shall  allot  to  said  village,  in  the  appor 
tionment  to  be  made  0:1  the  first  Tuesday  of  April.  1851,  such  sum  as  school 
districts  number  eleven  and  twelve  in  said  town  would  be  entitled  to,  had 
said  village  not  been  consolidated  into  one  district.  All  sums  allotted  as 
aforesaid  shall  be  paid  by  said  superintendent  to  the  treasurer  of  sa:d  vil- 


342 

lage.  to  the  credit  of  the  school  fund  aforesaid,  at  the  Fame  time  and  in  the 
same  manner  as  to  trustees  of  school  districts  in  said  town. 

§  107.  Said  board  of  education  shall  between  the  first  and  fifteenth  of 
January  in  each  year,  make  and  transmit  a  report  in  writing  to  the  town 
superintendent  of  common  schools  of  the  town  of  Salem,  bearing  date  on 
the  first  day  of  January  in  such  year,  and  containing  a  statement  of  the  name 
and  age  of  each  child  residing  in  the  said  village,  on  the  last  day  of  Decem 
ber  previous  to  the  date  of  said  report,  over  the  age  of  five,  and  under  that 
of  sixteen  years  of  age,  except  Indian  children  otherwise  provided  for  by 
law;  ami  the  names  of  the  parents  or  other  persons  with  whom  such  chil 
dren  shall  respectively  reside,  and  the  number  of  children  residing  with  each. 
Such  report  shall  be  the  only  report  required  to  be  made  in  order  to  entitle 
such  allotment  as  required  in  the  last  section.  Said  schools  in  said  village, 
and  said  board  of  education,  shall  not  in  any  other  respect  Vie  bound  to  report 
to  said  superintendent ;  nor  shall  such  schools,  or  the  teachers  thereof,  be  in 
anywise  under  his  control  or  supervision. 

§  1()8.  In  case  said  board  of  education  shall  contract  with  the  trustees  of 
the  Washington  academy  as  authorized  in  this  act,  they  are  further  empow 
ered  to  lease  from  said  trustees  the  academy  building  and  grounds  adjacent, 
or  contract  for  the  joint  or  several  occupation  of  ihe  same,  or  so  much  there 
of,  or  such  privileges  therein,  or  appertaining  thereto,  on  such  conditions,  and 
for  such  time  not  exceeding  two  years,  as  they  shall  deem  advisable.  And 
they  may  pay  in  advance  to  such  trustees  such  gross  sum  for  the  rent  there 
of,  for  such  term  as  being  calculated  with  a  proper  rebate  for  the  advance 
payment  shall  be  deemed  by  said  board,  no  more  than  a  fair  equivalent  for 
the- use  and  occupation  thereof  for  the  purposes  required  under  this  act. 
And  such  sum  as  shall  be  necessary  for  the  purposes  aforesaid,  not  exceeding 
one  thousand  dollars,  may  be  loaned  by  the  comptroller  to  said  village  out  of 
any  moneys  belonging  to  the  common  school  fund,  on  receiving  from  the  board 
of  trustees  of  said  village,  the  bond  of  said  village  therefor,  payable  in  five 
equal  payments  with  annual  interest.  The  moneys  received  thereon  shall  be 
paid  to  the  treasurer  to  the  credit  of  the  school  fund,  and  shall  be  drawn  out 
in  the  same  manner  as  other  moneys  in  that  fund ;  provided,  however,  that 
no  such  contract  shall  be  made,  nor  any  loan  obtained  by  said  board  of  educa 
tion,  without  the  previous  assent  of  the  board  of  trustees  of  said  village.  In 
case  said  loan  shall  be  made,  said  trustees  shall  annually  raise  during  each 
of  said  five  years,  by  tax  in  the  same  manner,  and  at'the  same  time  as  other 
village  taxes  are  raised,  such  sum  as  over  and  above  the  expenses  of  collec 
tion,  Avill  pay  the  several  instalments,  so  to  grow  due  on  such  loan,  with  the 
interest. 

§  109.  Any  contract,  lease  or  agreement  made  or  executed  by  said  board 
of  education,  with  the  trustees  of  the  Washington  academy  under  the  pro 
visions  of  this  act,  may  be  vacated,  modified  or  renewed  by  the  parties  afore 
said,  by  and  with  the  assent  of  the  board  of  trustees  of  said  village ;  provi 
ded  no  renewal  thereof  shall  be  made  for  a  term  exceeding  ten  years  at  any 
one  time. 

§  110.  All  the  property,  real  and  personal,  belonging  to  the  districts, 
number  eleven  and  twelve,  shall  be  and  is  hereby  transferred  to  and  vested 
in  the  trustees  of  the  village  of  Salem  for  school  purposes ;  and  they  are 
authorized  to  take  the  same  into  their  possession,  and  hold,  use  and  occupy 
the  same,  and  exercise  the  same  powers  in  regard  thereto,  as  if  they  had 
purchased  the  same  for  school  purposes  under  this  act ;  and  the  present  trus 
tees  and  officers  of  said  districts  are  hereby  required  to  deliver  possession 
thereof,  and  of  all  books,  papers  and  vouchers  connected  therewith  to  said 
board,  and  said  board  may  sue  for  and  recover  the  same  with  costs  of  suit 
of  any  person  having  the  same  or  £hy  part  thereof. 

§  1  i  1.  All  debts  and  legal  liabilities  of  said  school  districts  number  eleven 
and  twelve,  shall  be  audited,  paid,  satisfied  and  discharged  by  said  board  of 
education  out  of  the  school  fund. 


343 

§  112.  Each  and  every  of  the  schools  established  or  maintained  under 
this  act,  shall  be  free  to  the  children  of  all  residents  of  said  village  ;  provi 
ded  however,  that  said  board  of  education  may  cause  the  tuition  fee  to  be 
charged  and  collected  of  the  father  or  mother,  master  or  mistress,  or  other 
person  (in  whose  charge*  such  pupil  may  bo)  residing  in  said  village,  of  any 
pupil  over  sixteen  years  of  age,  or  who  shall  pursue  studies  which  said  board 
shall  deem  should  not  be  tuition  free.  For  the  purpose  of  collecting  such 
fees,  such  board  shall  by  general  rules  provide  for  the  keeping  of  proper  reg 
isters,  in  which  shall  be  entered  the  name  of  every  such  pupil,  and  his  father 
or  mother,  master  or  mistress,  or  other  person  in  whose  charge  such  pupil  may 
be.  the  length  of  time  such  pupil  shall  attend  such  school,  and  the  tuition 
fee  chargeable  therefor.  Immediately  previous  to  the  issuing  of  the  warrant 
for  the  collection  of  the  annual  village  tax,  said  board  of  education  shall 
cause  to  be  presented  to  the  board  of  trustees,  an  abstract  from  such  registers 
containing  a  statement  of  names  of  every  such  father  or  mother,  master  or 
mistress,  or  other  person  residing  in  such  village,  from  whom  any  sum  or 
amount  was  due  for  such  tuition  fees,  at  the  close  of  the  term  previous  to 
the  presentation  of  such  lists.  The  annual  tax  list  shall  contain  a  coin  am 
headed  "tuition  fees,"  in  which  shall  l>>  entered  opposite  the  name  of  such 
person  the  amount  so  returned  as  afore  aid,  which  sum  shall  be  included  in 
the  aggregate  column  to  be  collected  under  such  warrant;  and  the  same  pro 
ceedings  shall  be  had  for  the  collection  thereof  as  for  other  village  taxes; 
and  when  collected  the  same  shall  be  paid  to  the  treasurer,  to  the  credit  of 
the  school  fund  ;  but  such  return  so  made  shall  not  include  the  name  of  any 
person  who  shall,  iu  the  opinion  of  the  board,  be  in  indigent  circumstances  ; 
any  person  specified  in  such  return  may  at  any  time  before  the  collection  of 
said  tuition  fee,  apply  to  said  board  of  education  for  a  remission  of  the  same; 
and  if  said  board  shall  deem  proper,  they  may  by  resolution  duly  passed 
remit  the  same  in  whole  or  in  part,  and  the  clerk  shall  certify  such  remission 
to  the  collector,  and  no  further  proceedings  shall  be  had  for  the  collection  of 
the  sum  so  remitted. 

§  113.  Nothing  in  thig  act  contained  shall  prevent  the  trustees  of  the 
Washington  academy  from  receiving  from  the  regents  of  the  university  imy 
sum  or  allowance,  for  pupils  pursuing  classical  studies  therein,  or  for  organ 
izing  and  maintaining  a  teachers'  department  therein.  And  any  pupil  in  any 
of  the  departments  organized  in  said  academy  under  the  provisions  of  this 
act,  pursuing  such  classical  studies  as  are  required  by  the  regents  aforesaid, 
in  order  to  be  entitled  to  an  allowance,  and  being  of  sufficient  age,  sh;dl  be 
included  in  the  returns  of  said  trustees  to  said  regents,  and  they  shall  be 
entitled  to  the  same  allowance  for  such  pupil  or  pupils  as  for  other  classical 
pupils  heretofore. 

SCHENECTADY. 

[Laws  of  1829,  Chap.  324.] 

§  1.  The  amount  of  monies  allowed  to  the  city  of  Scheneetady,  by  the 
superintendent  of  common  schools,  shall  be  apportioned  by  the  treasurer  of 
the  county  of  Sehenectady,  between  the  Scheneetady  Lancaster  school  socie 
ty,  and  such  common  school  districts  and  parts  of  districts  as  now  are  or  here 
after  may  be  organized  without  the  bounds  of  the  compact  part  of  city  of 
Schenectady,  called  the  police  ;  and  in  a  ratio  proportioned  to  the  number 
of  children  over  the  age  of  five  and  under  sixteen  [21]  years  within  such  com 
pact  part,  and  the  number  of  such  children  in  such  districts  and  parts  of  dis 
tricts  respectively,  without  such  compact  part 

§  2.  The  treasurer  of  the  county  of  >chenectady  shall  pay  the  amount 
thus  apportioned  to  the  Scheneetady  Lancaster  school  society,  to  its  treasur 
er,  for  the  use  of 'said  society,  and  the  amount  thus  apportioned  to  such 
•school  districts  and  parts  of  districts,  to  the  commissioners  of  common 
ohools  for  the  several  wards  of  the  city  of  Scheneetady. 


344 

§  3.  The  commissioners  of  common  schools  for  the  several  wards  of  the- 
•aid  city,  shall  distribute  and  pay  to  the  trustees  <>f  such  school  district**  and 
parts  of  districts,  the  amount  so  received  by  them  from  the  county  treasurer, 
iu  proportion  to  the  number  of  children  residing-  in  each,  over  the  age  of  five 
and  under  that  of  sixteen  [twenty-one.]  years,  as  the  same  shall  have  ap 
peared  from  the  last  annual  report  of  their  respective  trustees. 

§  4.  The  assessors  of  the  several  wards  of  the  city  of  Schenectady,  shall 
tvery  year  in  their  respective  wards,  take  a  census  of  the  children  between 
the  ages  of  rive  and  sixteen  [twenty-one,]  years,  residing  within  the  compact 
part  of  said  city,  and  shall  between  the  first  day  of  May  and  the  first  day 
of  October,  in  each  year,  make  and  transmit  a  report  of  the  same  to  the 
«leik  of  the  county  of  Schenectady. 

§  5.  The  reports  required  by  law  to  be  made  by  the  trustees  of  the  com 
mon  school  districts  and  parts  of  districts,  without  the  bounds  of  the  compact 
part  of  the  city  of  Schenectady,  to  the  commissioners  of  common  schools, 
for  the  several  wards  of  the  said  city,  shall  be  verified  by  the  affidavit  of 
the  said  trustees. 

§  6.  The  monies  received  by  the  treasurer  of  the  county  of  Schenectady, 
from  taxes  collected  in  said  city,  under  the  laws  relative  to  common  schools, 


*m  be  apportioned  by  him  between  such  common  school  districts  and  parts 
of  districts,  without  the  bounds  of  the  compact  part  of  said  city,  and  the 
Bchenectady  Lancaster  school  society,  in  the  ratio  proportioned  to  the- 
amount  of  the  assessments  of  the  real  and  personal  estates  of  the  taxable 
inhabitants  residing  in  such  districts  and  parts  of  districts,  and  the  assess 
ments  of  all  real  estate  situate  therein  and  owned  by  persons  residing  out  of 
•ueh  districts  and  parts  of  districts,  and  the  amounts  of  the  assessments  of 
the  real  and  personal  estates  of  all  the  taxable  inhabitants  of  the  city,  after 
deducting  thereout  the  aggregate  of  the  assessments  last  mentioned. 

§  7.  The  treasurer  of  the  county  of  Schenectady  shall  pay  the  amount 
apportioned  by  virtue  of  the  last  preceding  sections  to  the  Scheiiectady  Lan 
caster  school  society,  to  its  treasurer,  for  the  use  of  said  society,  and  the 
amount  apportioned  under  said  sections  to  such  school  districts  and  parts  of 
districts,  to  the  commissioners  of  common  schools  for  the  several  wards  of 
«a  ;l  city,  which  amount  so  paid  to  the  said  commissioners  shall  be  dntrib- 
ut  id  and  paid  by  them  in  the  manner  provided  in  the  third  section  of  thi» 
act. 

§  8.  To  enable  the  treasurer  of  said  county  to  make  the  apportionment 
required  by  the  sixth  section  of  this  act,  the  assessors  of  the  several 
wards  of  the  city  of  Schenectady  shall  annually,  within  the  time  limited  in 
the  fourth  section  of  this  act,  for  taking  the  census  therein  mentioned,  make 
out  and  deliver  to  the  treasurer  of  said  county,  an  abstract  from  the  assess 
ment  rolls  of  their  respective  wards,  containing  the  names  and  the  amounts 
of  the  assessments  of  the  real  and  personal  estates  of  each  of  the  taxable 
inhabitants  residing  in  the  said  school  districts  or  parts  of  districts,  together 
with  the  amount  of  the  assessments  of  all  real  estate  situate  therein,  and 
owned  by  persons  residing  out  of  such  districts  or  parts  of  districts. 

§  151.  [Rev.  St.  Chap.  15,  Art.  7,  Title  2,  Part  I.]  The  commissioners  of 
schools  of  the  city,  shall  divide  that  portion  of  the  territory  of  the  first  and 
second  wards  of  the  city,  not  comprised  within  the  bounds  of  the  police,  into 
auch  number  of  school  districts  as  they  may  deem  convenient,  and  may  al 
ter  and  regulate  such  districts  according  to  the  provisions  of  this  title,  and 
the  provision*  of  this  title  shall  apply  to  all  districts  so  established. 

§  152.  [Ditto.]  It  shall  be  the'duty  of  the  trustees  of  the  Lancaster 
•chool  society  to  make  an  annual  report  to  the  superintendent  of  common 
schools,  in  such  form  as  shall  be  prescribed  by  him,  of  the  state  and  condi 
tion  of  the  schools  lor  whose  benefit  the  school  moneys  shall  have  been  ape- 
plied. 


345 

[Lam  of  1839.     Chap.  222.] 

§  14.  It  shall  be  lawful  for  the  trustees  of  the  Lancaster  school  society 
in  flu-,  city  of  Scheuecsady,  to  cause  to  be  t-uight  in  any  school  or  schools  eft- 
tab:  i -lied  by  them  or  placed  under  their  charge  by  the  mayor,  recorder  and 
aldermen  of  said  city,  within  the  bounds  of  the  police  of  said  city,  all  such 
branches  of  education  as  may  by  law  be  taught  in  any  common  school  in  this 
st^re;  an  1  that  for  teaching  any  such  branches  of  education,  it  shall  be  law 
ful  fur  said  trustees  to  adopt  such  mode  of  instruction  as  shall  seem  to  them 
best  adapted  to  attain  the  end  of  rendering  the  benefits  resulting  from  the 
school  fund  more  extensively  useful  and  beneficial  to  the  inhabitants  of  said 
city. 

§  .  5.  It  shall  be  lawful  for  the  common  council  of  the  city  of  Schenec- 
tady  to  expend,  annually,  any  sum  not  excee  ling  five  hundred  dollars  for  the 
purposes  of  common  schools  and  education  generally  throughout  the  city; 
and  the  said  common  council,  for  such  purposes,  may  annually  cause  to  be 
raised,  by  tax,  any  sum  not  exceeding  live  hundred  dollars,  in  the  same  man 
ner  as  the  taxes  for  repairing  highways  and  supporting  the  poor  are  raised  in 
an  I  by  the  twenty  seventh  !-eetiou  of  the  act  mtititled,  "  An  Act  relative  to 
the  city  of  Seheuectady,"  passed  April  2yth,  1833. 

SENECA. 

[Laws  0/1844.   Chap,  115.] 

§  1.  It  shall  be  lawful  for  the  trustee*  of  school  district  number  one,  in 
the  town  of  Seneca,  in  the  county  of  Ontario,  at  the  next  annual  meeting  o'f 
the  district  after  the  pa-wage  of  this  act,  to  submit  for  the  consideration  of 
such  meeting,  a  proposition,  graduating  the  rates  of  tuition  to  be  paid  by 
scliol  .r.-i  attending  the  different  departments  into  which  such  school  is  now 
divided  ;  if  the  same  is  approved,  or  shall  be  so  amended  as  to  be  approved 
by  a  majority  of  those  present  qualified  to  vote  in  such  meetings,  such  rates 
may  be  charged  and  collected,  but  they  shall  not  be  raised  during  the  year 
next  following  their  adoption 

§  2.  At  any  annual  meeting  of  the  district  after  such  rates  of  tuition  have 
been  adopted,  the  same  may  be  raised,  reduced  or  entirely  abolished,  by  a 
majority  of  such  meeting. 

SYRACUSE. 

[Laws  of  1848.      Chap.  238.] 
AN  ACT  in  relation  to  public  schools  in  the  city  of  Syracuse. 

Passed  April  11,  1848,  "three-fifths  being  present." 

The  People  of  the  State  of  New- York t  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1  There  shall  be  appointed  by  the  mayor  and  common  council  of  the 
citv  of  Syracuse,  on  the  ihird  Tuesday  of  Ap~rtl,  eighteen  hundred  and  forty 
eight,  from  each  ward  in  said  city,  two  commissioners  of  common  schools  for 
the  said  city,  who  shall  be  residents  of  the  ward  for  which  they  are  appoint 
ed.  The  persons  so  appointed  shall,  within  ten  d  iys  after  their  appointment 
take  the  oath  of  office  prescribed  by  the  constitution  of  this  state,  and  file  the 
same  with  the  city  clerk. 

§  2.  Within  ten  days  after  their  appointment,  as  in  the  last  section  men 
tioned,  said  commissioners  shall  meet  at  Market  Hall  in  said  city,  and  cause 


346 

the  said  commissioners  so  chosen  to  be  divided  into  two  classes,  to  be  denom 
inated  "  first"  and  "  second"  classes.  The  term  of  office  of  the  first  class  shall 
expire  at  the  end  of  one  year  from  the  second  Tuesday  of  March,  eighteen 
hundred  and  forty-eight ;  of  the  second  class  at  the  end  of  two  years  from 
the  said  second  Tuesday  of  Marc]%  eighteen  hundred  and  forty  eight. 

§  3.  There  shall,  in  like  manner,  in  each  year  thereafter,  be  elected  one 
commissioner  of  schools  for  each  ward  of  said  city,  to  supply  the  places  of 
those  wliose  term  of  office  is  about  to  expire;  they  shall  hold  their  offices 
for  two  years,  and  until  (heir  successors  are  elected,  and  have  taken  the  oath 
of  office.  The  term  of  office  of  all  commissioners  elected  pursuant  to  the 
provisions  of  this  act,  shall  commence  on  the  first  Tuesday  after  their  elec 
tion.  Said  election  shall  take  place  at  the  time  of  the  general  charter  elec 
tion  of  said  city  in  each  and  every  year  thereafter,  and  shall  be  subject  to 
all  the  provisions  in  regard  to  said  election,  so  far  as  the  same  may  be  appli 
cable,  as  are  contained  in  the  charter  of  said  city,  passed  on  the  14th  Decem 
ber,  1847 

§  4.  The  common  council  of  said  city  may  make  appointments  of  com 
missioners  of  common  schools  to  fill  vacancies  which  may  occur  from  any 
cause  other  than  the  expiration  of  the  term  of  office  of  those  elected.  The 
commissioners  so  appointed  shall  hold  their  office  for  the  unexpired  term  of 
those  to  supply  whose  places  they  were  appointed 

§  5.  Any  commissioner  of  common  schools  in  said  city  may  be  removed 
from  office  for  official  misconduct  by  the  common  council  thereof,  by  a  vote 
of  two  thirds  of  the  members  thereof,  but  said  commissioner  shall  be  allow 
ed  an  opportunity  to  refute  any  such  charge  of  misconduct,  before  remo 
val. 

§  6.  The  commissioners  of  common  schools  in  said  city  shall  constitute  a 
board,  to  be  styled  the  "  Board  of  Education  of  the  city  of  Syracuse,"  which 
shall  be  a  corporate  body  in  relation  to  all  the  powers  and  duties  conferred 
upon  them  by  virtue  of  this  act.  A  majority  of  the  board  shall  form  a  quorum. 
At  their  first  meeting  after  an  election,  they  shall  elect  one  of  their  number 
President,  and  whenever  he  shall  be  absent  a  president  pro  tempore  may  be 
appointed,  but  such  president  shall  only  have  a  casting  vote.  They  shall  also 
appoint  a  clerk  and  fix  his  compensation,  and  who  shall  hold  his  office  during 
the  pleasure  of  the  board.  The  said  commissioners  shall  receive  no  compen 
sation  for  their  services.  They  shall  have  the  care  of  the  gospel  and  school 
lands  and  securities  taken  therefor  in-  said  city. 

§  7.  The  clerk  of  said  board  shall  keep  a  record  of  the  proceedings  there 
of,  and  perform  such  other  duties  as  the  board  may  prescribe  ;  which  record, 
or  a  transcript  thereof,  certified  by  the  president  and  clerk,  shall  be  received 
in  all  courtfi  as  prima  facie  evidence  of  the  facts  therein  set  forth  ;  and  such 
records,  and  all  the  books  and  accounts  of  the  said  board,  shall,  at  all  times, 
be  subject  to  the  inspection  of  the  common  council  and  of  any  committee 
thereof. 

§  8.  The  common  council  of  the  said  city  shall  have  the  power  and  it 
shall  be  their  duty,  to  raise,  from  time  to  time,  by  tax  upon  the  real  and  per 
sonal  estate  in  said  city  which  shall  be  liable  to  taxation  for  the  ordinary  city 
taxes,  or  for  city  or  county  charges,  in  addition  to  the  amount  of  school  mon 
ies  now  or  hereafter  appropriated  or  provided  by  law  for  common  schools  in 
said  city,  such  sums  as  may  be  determined  and  certified  by  the  said  board 
of  education  to  be  necessary  or  proper  for  any  or  all  of  the  following  pur 
poses  : 

1.  To  purchase,  lease  or  improve  sites  for  school-houses. 

2.  To  build,  purchase,  lease,    enlarge,  alter,  improve  and  repair  school- 
houses,  and  their  out-houses  and  appurtenances. 

3.  To  purchase,  exchange,   improve  and  repair  school  apparatus,   books, 
furniture  and  appendages,  but  the  power  herein  granted   shall  not  be  deemed 
to  the  furnishing  of  class  or  text  books  for  any  scholar  whose  parent  or  guar 
dian  shall  be  able  to  furnish  the  same. 

4.  To  procure  fuel  and  defray  the  contingent  expenses  of  the  common 
eliools  ,  and  the  expenses  of  the  district  library  of  said  city. 


347 

5.  To  pay  the  wages  of  teachefs  due  after  the  application  <>f  the  pub 
lic  moneys,  which  may,  by  law,  be  appropriated  and  provided  for  that  pur 
pose  :  Pr  vided,  nevertheless,  that  such  tax  shall  not  be  laid  often er  than 
once  in  each  year  : 

6  Nor  shall  the  amount  to  be  raised  for  teachers'  wages  and  contingent 
expense's  in  any  one  year  lie  less  than  twice  nor  more  than  six  times  the 
amount  °f  public  money  received  during  the  previous  year.  Nor  shall  the 
amount  to  be  raised  in  any  one  year  for  buying  sites  and  erecting  and*  repair 
ing  s  hool-houses  and  the  appurtenances,  exceed  one  thousand  five  hundred 
dollars. 

§  9.  The  common  council  shall  cause  the  amount  of  the  tax  at  any  time 
ordered  to  be  raised  in  pursuance  of  this  act,  to  be  added  to  the  amount 
•which  they  are  otherwise  authorised  by  law  to  raise  by  tax  in  said  city,  and 
thev  shall  cause  the  same,  with  the  collector's  fee  thereon,  to  be  assessed,  lev 
ied  and  collected  at  the  same  time  and  by  the  same  warrant,  and  in  the  same 
manner  with  the  taxes  raised  for  city  expenses,  under  and  by  virtue  of  the 
act  of  incorporation  of  said  city. 

>5  10.  All  moneys  to  be  raised  pursuant  to  the  provisions  of  this  act,  and 
all  school  moneys  by  law  appropriated  to  or  provided  for  said  city,  shall  be 
paid  to  the  treasurer  of  said  city,  who,  together  with  the  sureties  upon  his 
official  bond,  shall  be  accountable  therefor  in  the  same  manner  as  for  other 
moneys  of  the  said  city  ;  the  said  treasurer  shall  also  be  liable  to  th»>  same 
penalties  for  any  official  misconduct  in  relation  to  the  said  moneys  as  for  any 
similar  misconduct  in  relation  toother  moneys  of  the  city. 

§  11.  After  the  passage  of  this  act  the"  treasurer  of  the  said  city  shall 
not  pay  out  any  moneys  in  his  hands  received  by  the  said  city,  either  as 
school  moneys  or  collected  or  received  by  virtue  of  any  of  the  provisions  of 
this  act,  excepting  upon  an  order  drawn  upon  him  and  signed  by  the  presi 
dent  and  clerk  of  said  board  of  education,  and  no  such  order  shall  be  drawn 
except  by  virtue  of  a  resolution  of  the  said  board. 

§  1 2.  The  said  board  may  cause  a  suit  or  suits  to  le  prosecuted  in  the 
name  of  the  city  of  Syracuse,  upon  the  official  bond  of  the  treasurer  or  of 
any  collector  of  said  city  for  any  default,  delinquency  or  official  mi-conduct 
in  relation  to  the  collection,  safe  keeping  or  payment  of  any  moneys  in  this 
act  mentioned. 

§   13.    The  said  board  shall  have  power  and  it  shall  be  their  duty, 

1.  To  establish  and  organize  such  and  so  many  schools  in  said  city,  (in 
cluding  the  common  schools  now  existing  therein)  as  they  shall  deem  requi 
site  and  expedient,  and  to  alter  and  discontinue  the  same. 

2  To  purchase  or  hire  school  houses  and  rooms,  and  lots  or  sites  for 
school  houses,  and  to  fence  and  improve  them  as  they  deem  proper. 

3.  Upon  such  lots,  and  upon  any  sites  now  owned  by  said  city,  to  build, 
enlarge,  alter,  improve  and  repair  school  houses,  out  houses  and    appurtenan 
ces  as  they  may  deem  advisable. 

4.  To  purchase,  exchange,  improve  and  repair  school  appai'atus,  books  for 
indigent  pupils,  furniture  and  appendages,  and  to  provide  fuel  for  the  schools 
and  defray  their  contingent  expenses,  and   the  expenses  of  the  district  li 
brary. 

5.  To  have  the  custody  and  safe  keeping  of  the  school  houses,  out  houses, 
books  furniture  and  appendages,  and   to  see  that  the  ordinances  of  the  com 
mon  council  in  relation  thereto  be  observed. 

6.  To  contract  with,  license  and  employ  all  teachers  in  the  common  school 
and  high  school,  and  at  their  pleasure  to  remove  them. 

7.  To  pay  the  wages    of  such  teachers  out   of  the   school  moneys  Avhich 
shall  be  appropriated  and  provided  in  the  said  city,  so  far  as  the  same  shall 
be  sufficient,  and  the  residue  thereof  from  the  money  authorised  to  be  raised 
for  that  purpose  by  section  eight  of  this  act,  by  tax  upon  said  city. 

8.  To  defray  the  necessary  contingent  expenses  of  the  board,  including 
an  annual  salary  to  the  clerk,  provided   that  the  account  of  such  expenses 
shall  first  be  audited  and  allowed  by  the  common  council. 


348 

9  i '<>  have,  in  all  respect-*,  the  superintendence,  supervision  nnd  manage 
ment  <>f  the  common  schools  in  said  city,  and  from  time  to  time  to  adopt,  al 
ter,  modify  and  repeal,  as  they  may  deem  expedient,  rules  and  regulations 
for  their  organization,  government  and  instruct!  >n,  for  the  reception  of  pupils 
and  their  transfer  from  one  school  to  another,  and  generally  for  the  promotion 
cf  their  good  order,  prosperity  and  public  ulility. 

10.  Whenever,  in  the  opinion  of  the  b.»u-d,  it  may  be  advisable  to  sell 
any  of  11  L^  school  h-mses,  lots  or  sites,  or  any  of  the  school  property  now 
or  hereafter  belonging  to  the  city,  to  report  the  same  to  the  common  coun 
cil. 

1'.  To  prepare  and  report  to  the  common  council  such  ordinances  and 
regulations  as  may  be  necessary  or  proper  f.»r  the  protection,  safe  keeping, 
care  and  preservation  of  school  houses,  lots  and  sites,  and  appurtenances,  and 
all  the  property  belonging  to  the  city  connected  with  or  appertaining  to  the 
schools,  an  I  to  suggest  proper  penalties  for  the  violation  of  such  ordinances 
and  regulations  ;  and  annually  to  determine  nnd  certify  to  said  common 
council  the  sums  in  their  opinion  necessary  or  proper  to  be  raised  under  the 
eighth  section  of  this  act,  specifying  the  sums  required  for  each  of  the  purpo 
ses  therein  menti  Tied,  arid  the  reasons  therefor. 

12  To  provide  for  the  payment  to  any  adjoining  school  district  the  proper 
amount  to  which  it  may  be  entitled  on  account  of  such  district,  in  whole 
or  in  part,  having  been  connected  with  territory  now  included  in  the  said 
city. 

13.  Between  the  first  day  of  July  and  the  first  day  of  August  in  each 
year,  to  make  and  transmit  to  the  county  clerk  a  report  in  writing,  bearing 
date  the  tirst  day  of  July  in  the  year  of  its  transmission,  and  stating, 

1 .  An  account  and    description  of  all  the  common  schools  kept  in  said 
city   during  the  preceding   year,  and  the  time  they  have   been  severally 
taught. 

2.  The  number  of  children  taught  in  said  schools,  respectively,  the  number 
of  children  over  the  age  of  five  and  under  the  age  of  sixteen,  [21]  residing 
in  said  city  on  the  first  day  of  January  of  that  year. 

3.  The  whole  amount  of  school  moneys  received  by  the  treasurer  of  said 
city  during  the  year  preceding,  distinguishing  the  amount  received  from  the 
county  treasurer,  from  the  city  collector,  and  from  any  other  source 

4.  The  manner  in  which  such   moneys  had  been   expended,  and  whether 
any  and  what  part  remains  uuexpeqded  and  for  what  cause. 

5.  The  amount  of  money  received  for  tuition  fees  from  foreign  pupils  dur 
ing  the  year,  and  the  amount  paid  for  teachers'  wages,  in  addition  to  the  pub 
lic  monevs,  with  such  other  information   as  relates  to  the  common  schools  of 
said  city. 

§  !4  Every  school  commissioner  shall  visit  all  the  public  schools  at  least 
fourtime<  each  year  during  his  official  term;  and  the  board  of  education 
shall  provide  that  each  of  said  schools  shall  be  visited  by  a  committe  of 
three  or  more  of  their  number  at  least  once  every  term. 

§  15.  The  said  board  of  education  «hall  have  power  to  allow  the  children 
of  persons  not  resident  within  the  city  to  attend  any  of  the  schools  of  said 
city  under  the  care  and  control  of  said  board,  upon  such  terms  as  said  board 
shall,  by  resolution,  prescribe,  fixing  the  tuition  which  shall  be  paid  there 
for. 

§  16.  Any  collector  of  the  said  city,  and  his  sureties,  shall  be  liable  on 
his  official  bond  for  any  default,  delinquency,  neglect  or  mi-conduct  in  the 
duties  with  which  he  may  be  charged  under  or  by  virtue  of  this  act,  in  the 
same  manner  and  with  the  like  effect  as  for  any  other  official  default,  delin 
quency,  neglect  or  misconduct;  and  such  collector  shall  be  liable  to  the  same 
penalties  for  any  such  official  as  for  any  similar  misconduct  in  relation  to  any 
other  duties  of  his  office. 

§  17.  It  shall  be  the  duty  of  the  said  board  in  all  their  expenditures  and 
contracts,  to  have  reference  to  the  amount  of  moneys  which  shall  be  subject 
to  their  order  during  the  then  current  year,  for  the  particular  expendituiu  in 
question,  and  not  to  exceed  such  amount. 


349 

£  18.  The  said  board  of  commissioners  shall  be  trustees  of  the  distiiet  li- 
brarv  <;r  libraries  in  said  city,  and  all  tl.e  pro\  'isi<  MS  c  f  l;i\v  which  m  AY  are  or 
may  hereafter  be  pa->ed  relating  to  district  school  libra; -ie-s  shall  apply  to  the 
said  commissioners  in  the  same  manner  as  if  they  were  trustees  of  a  cchool 
district  compiehending  said  city  ;  they  shall  also  be  ve.-ted  with  .he  di  cre- 
tion  as  to  the  di.-position  of  the  moneys  appropriated  by  any  law  of  ihi>  state 
for  the  purchase  of  libraries,  which  is  therein  conferred  upon  the  inhabitants 
of  school  districts.  It  shall  be  their  duty  to  provide  a  library  room  or  rooms 
ai;d  the  necessary  furniture  therefor,  and  appoint  a  librarian  or  librarians,  to 
make  all  purchases  of  books  tor  the  said  library  or  hbiailes,  and  liom  time  to 
time  to  exchange  or  cause  to  be  repaired  the  damaged  books  belonging  (here 
to  ,  they  may  also  sell  any  books  which  they  ma\  deem  useless  or  of  ;m  improp 
er  character,  and  apply  the  proceeds  to  the  purchase  of  other  books  for  the  said 
library  or  libraries, 

£  19.  It  shall  be  the  duty  of  the  said  board,  at  least  fifteen  days  before 
the  annual  election  for  commissioners  in  each  year,  to  prepare  ami  leport  to 
the  common  council  true  and  collect  statements  of  the  receipts'and  di-burse- 
rnents  of  moneys  under  and  in  pursuance  of  the  provisions  of  this  act  during 
the  preceding  year  ;  in  which  account  shall  be  stated  under  appropiiate 
Leads  : 

1.  The  moneys  received  by  the  common  council  under  the  eighth  section  of 
tliis  act  : 

'2.  i  he  school  moneys  received  bv  the  treasurer  of  the  city  from  the  coun 
ty  treasurer,  and  the  collector  of  taxes  for  city  and  county  charges  in  said 
city  . 

«>.      The  moneys  received  by  direct  tax  : 

4.  All  other  moneys  received  by   the  treasurer,  subject  to  the  order  of  the 
board  specifying  the   .-ources  : 

5.  The  manner  in  which  such   sums  of  money  shall  have  been   expended  , 
specifying  the  amount  paid  under  each  head  of  expenditure  : 

And  she  common  council  i-hall,  ten  days  before  such  election,  cause  the 
fiame  to  be  published  in  at  least  two  oi  the  newspapers  publi.-bed  in  said 
city. 

^  2  >.  The  said  board  shall  be  subject,  from  time  to  time,  to  the  rules  and 
regulations  made  by  the  state  superintendent  of  common  schools,  so  far  as  the 
same  may  be  applicable  to  them,  and  not.  inconsistent  with  the  provi.-ions  of 
this  act. 

£  2  !.  The  common  council  of  said  city  shall  have  the  power,  and  it  shall  be 
tliAr  duty,  to  pass  such  ordinances  and  regulations  as  the  said  board  of  edu 
cation  may  report  as  neces.-ary  and  proper  for  the  protection,  safe-keeping, 
caieatul  preservation  of  the  school  house-,  lots,  si;es  and  appurtenance-,  and 
nil  necessary  property  belonging  to  or  connected  \\iththe  schools  in  said  city  ; 
an  1  to  impo.-c  proper  penalties  f>  r  the  violation  theiet  f.  subject  to  the  restric 
tion-;  and  limitations  contained  in  the  act  to  incorporate  the  said  city  :  and  all 
such  penalties  shall  be  collected  in  the  same  manner  that  the  pen. sides  lor  i\ 
violation  of  the  city  ordinances  are  by  law  collected,  and  when  collected,  .-hall 
be  paid  to  the  treasury  of  ihc  city,  and  l>e  subject  to  the  order  of  (h--  board. 
of  education,  in  the  same  manner  as  other  moneys  rai.-ed  pursuant  to  the  pro- 
vi-i<»ns  of  ibis  act. 

$  22.  Whenever  the  said  board  shall  report  to  (he  common  council  that  ifr 
is  advi  able  to  sell  any  of  the  school  houses,  lots  or  sites,  or  any  of  the  school 
property  -now  or  hereafter  belonging  to  the  city,  it  :•  ha! I  be  the  duty  t.fthe 
Common  council  to  sell  the  fame  without  unreasonable  delay  and  upon  such 
terms  as  the  sai  I  cc,mm<>n  council  mav  deem  advisable.  The  proceeds  of  all  such 
sales  i-hall  be  paid  to  the  treasurer  of  the  city,  and  >hall  be  subject  to  the  or 
der  of  (lie  said  b:>ard,  to  be  expended  b\  them  in  the  purcha  e.  leading,  re- 
pair-sor  improvements  of  o,he,r  >ehool  houses,  lots, school  furnit me,  apparatus 
or  appurtenances. 

§  2'i.  The  titleof  the  school  houses,  sire-,  loX  furniture,  books,  apparatus 
and  appur'teuances,  and  all  ether  schojl  propeity  in  this  act  nieuiioueJ,  shall 


350 

be  vested  in  the  city  of  Syracuse ;  and  the  same  while  used  for  or  appropriated 
for  school  purposes,  shall  not  be  levied  upon  or  sold  by  virtue  of  any  warrant 
or  execution,  nor  be  subject  to.  taxation  for  any  purpose  whatever  ;  and  the 
said  city,  in  its  corporate  capacity,  shall  be  able  to  take,  hold,  and  dispose  of 
anv  real  or  personal  estate  transferred  to  it  by  gift,  grunt,  bequest  or  devise, 
for  the  use  of  the  common  schools  of  the  said  city,  whether  the  same  shall  be 
transferred  in  terms  to  said  city,  by  its  proper  style,  or  by  any  other  desig 
nation,  or  to.  any  other  designation,  or  to  any  person  or  persons  or  body,  for 
the  use  of  said  schools. 

§  24.  All  moneys  required  to  be  raised  by  virtue  of  this  act,  shall,  on  be 
ing  raised  as  herein  provided,  be  deposited  for  the  safe  heeping  thereof,  with 
the  treasurer  of  said  city,  to  the  credit  of  the  said  board  of  education,  and  shall 
be  drawn  out  in  pursuance  of  a  resolution  or  resolutions  of  said  board,  by, 
drafts  drawn  by  the  president  and  countersigned  by  the  clerk  of  said  board, 
payable  to  the  order  of  the  person  or  persons  entitled  to  receive  such  moneys ; 
and  said  treasurer  shall  keep  the  funds  authorized  by  this  act  to  be  received 
by  him,  separate  and  distinct  from  any  other  fund  which  he  is  or  may  by  law 
be  authorized  to  receive. 

§  25.  It  shall  be  the  duty  of  the  said  commissioners  to  ascertain  and  re 
port  to  the  common  council  of  said  city  the  amount  of  any  and  all  indebted 
ness  of  each  of  the  school  districts  within  said  city,  and  to  whom  due,  and 
when  and  how  payable  ;  and  the  common  council  shall  have  the  power,  and  it 
shall  be  their  duty,  in  each  year  that  any  such  indebtedness  shall  become  due, 
or  any  portion  thereof,  to  cause  the  amount  so  becoming  due  from  any  of  said 
districts,  to  be  assessed  upon  and  collected  from  the  taxable  property  within 
such  districts,  in  the  same  manner  as  the  taxes  for  contingent  expenses  are 
assessed  and  collected,  for  the  use  of  the  board  of  education,  for  the  payment 
of  such  indebtedness. 

§  26.  It  shall  be  the  duty  of  said  commissioners,  and  they  shall  have  pow 
er  to  procure  a  site  within  school  district  number  sixteen  (16)  in  the  city  of 
Syracuse,  and  cause  to  be  erected  thereon  a  suitable  and  proper  school  house, 
and  cause  a  statement  of  the  cost  of  such  site  and  building  to  be  laid  before  the 
common  council  of  said  city,  who  shall  have  power,  and  it  shall  be  their  duty 
to  cause  the  sum  of  one  thousand  five  hundred  dollars  to  be  assessed  upon  and 
collected  from  the  taxable  property  within  said  district,  in  the  same  manner 
that  the  contingent  expenses  of  said  city  are  assessed  and  collected  ;  and  in 
case  the  said  expenditure  shall  exceed  the  sum  of  fifteen  hundred  dollar?, 
the  said  excess  shall  be  collected  from  the  city  at  large,  for  the  use  of  the  said 
commissioners  for  the  purposes  in  this  section  specified. 

§  27.  It  shall  be  the  duty  of  the  clerk  of  said  city  immediately  after  the 
election  of  any  person  as  a  commissioner  of  common  schools,  to  personally  no 
tify  him  of  his  election,  and  if  any  such  person  shall  not  within  ten  days  after 
receiving  such  personal  notice  of  his  election,  take  and  subscribe  the  constitn- 
al  oath  and  file  the  same  with  the  clerk  of  the  said  city,  the  common  council 
may  consider  it  a  refusal  to  serve,  and  proceed  to  supply  the  vacancv  occasion 
ed  by  such  refusal ;  and  the  person  so  refusing  to  serve  shall  forfeit  and  pay 
to  the  city  treasurer,  for  the  benefit  of  the  tuition  fund,  a  penalty  of  ten 
dollars. 

§  28.  The  present  school  officers  of  the  school  districts  in  the  territory- 
embraced  in  this  act,  shall  continue  in  office  until  the  unfinished  business  of 
said  districts  shall  have  been  finally  closed  up  and  settled,  with  all  the  pow 
ers  and  duties  now  by  law  imposed  upon  them,  for  the  purpose  of  closing  up 

such  unfinished  business. 

• 


351 

TROY. 

[Laws  of  1849.     Chap.  198,  as  amended  by  Chap.  47,  laws  of  1851.] 

AN  ACT  to  amend  the   charter  of  the  city  of  Troy,  and  to  provide  for   the 
establishment  of  free  schools  in  said  city. 

Passed  April  4,  1849,  "  three-fifths  beiiig  present." 

§  1.  The  several  wards  of  the  city  of  Troy  shall  constitute  one  school 
district,  and  the  schools  therein  shall  be' free  to  all  children,  between  the 
ages  of  five  and  sixteen  [21]  years,  residing  in  such  wards. 

§  2.  There  shall  be  erected  in  each  of  the  said  wards  as  hereinafter 
provided,  one  or  more  school  houses  of  size  and  form  sufficient  to  accomkno- 
date  all  the  children  between  the  aforesaid  ages,  residing  in  such  wards. 
The  purchase  of  sites  for  school  houses  shall  be  agreed  upon  in  joint  commit 
tee  of  three  from  each  ward,  hereinafter  mentioned  ;  and  in  case  of  disagree 
ment  the  decision  shall  rest  with  the  common  council. 

§  3.  The  title  of  the  school  houses,  sites,  lots,  furniture,  books  apparatus 
and  appurtenances,  and  all  other  school  property,  in  this  act  mentioned,  shall 
be  vested  in  the  city  of  Troy,  and  the  same  while  used  or  appropriated  for 
school  purposes,  shall  not  be  levied  upon,  or  sold  by  virtue  of  any  warrant 
or  execution,  nor  be  subject  to  taxation,  for  any  purpose  whatever,  and  the 
said  city  in  its  corporate  capacity,  shall  be  able  to  take,  hold,  and  dispose  of 
any  real  or  personal  estate,  transferred  to  it  by  gift,  grant,  bequest  or  devise, 
for  the  use  of  the  common  schools  of  the  said  city,  whether  the  same  shall 
be  transferred  in  terms  to  said  city  by  its  proper  style,  or  by  any  other  desig 
nation,  or  to  any  person  or  persons,  or  body,  for  the  use  of  said  schools. 

§  4.  The  common  council  of  said  city,  may,  upon  the  recommendation  of 
the  board  of  education  hereinafter  mentioned,  sell  any  of  the  school  houses, 
lots,  or  sites,  or  any  other  school  property,  now  or  hereafter,  belonging  to  said 
city,  upon  such  terms  as  the  said  common  council  may  deem  reasonable.  The 
proceeds  of  all  such  sales  shall  be  paid  to  the  chamberlain  of  the  city,  and 
shall  be  by  the  said  board  of  education  again  expended  in  the  construction, 
repairs,  or  improvements  of  other  school  houses,  lots,  sites  or  school  furniture, 
apparatus  or  appurtenances. 

§  5.  There  shall  be  elected  at  the  annual  charter  election  of  said  city,  to 
be  held  on  the  first  Tuesday  of  March,  1850,  in  the  same  manner  as  other 
ward  officers  are  elected,  from  each  of  the  1st,  2d,  3d,  4th  and  7th  wards  in 
said  city,  two  persons,  and  from  each  of  the  5th,  6th,  and  8th  wards  thereof, 
one  person,  to  be  commissioners  of  common  schools  for  said  city.  The  per 
sons  so  elected  shall  be  residents  of  the  ward  for  which  they  shall  be  elected, 
and  shall  within  ten  days  after  receiving  notice  of  their  election,  take  the  oath 
of  office  prescribed  by  the  constitution  of  this  state,  and  file  the  same  with 
the  city  clerk. 

§  6.  Within  ten  days  after  their  election,  as  in  the  last  section  mention 
ed,  said  commissioners  so  elected  from  those  wards  in  which  more  than  one 
commissioner  is  elected,  shall  meet  in  the  office  of  the  clerk  of  said  city,  and 
shall  determine  by  lot  which  of  the  two  persons  so  elected  for  each  ward  shall 
serve  for  the  term  ending  on  the  second  Tuesday  of  March,  1851,  and  which 
for  the  term  ending  on  the  second  Tuesday  of  March,  1852. 

§  7.  In  each  year,  thereafter,  there  shall  be  elected  in  said  city,  at  the  an 
nual  charter  election  in  the  same  manner,  and  under  the  same  regulations,  as 
other  ward  officers  are  elected,  one  commissioner  of  common  schools  for  each 
ward,  to  supply  the  places  of  those  whose  terms  are  about  to  expire.  The 
term  of  office  of  all  commissioners  elected  pursuant  to  this  act,  shall  commence 
on  the  Tuesday  next  after  their  election,  and  shall  continue  two  years,  except 
of  those  commissioners  elected  from  the  4th,  6th  and  8th  wards,  whose  term 
of  office  will  continue  but  one  year. 


352 

§  8.  The  common  council  of  said  city  make  mav  make  appointment  of 
'commissioner  of  common  schools  to  till  vac-mei.  s  which  may  occur  from  any 
cause  other  than  the  expiration  of  the  term  of  ofhYe  of  those  elected,  and  ihe 
removal  from  (lie  ward  for  which  he  was  appointed  or  elected  shall  be  deem 
ed  a  re-  ignat'on  of  his  office  by  ;my  commissioner.  The  commissioners  so  ap- 
pointed  -hall  hold  (heir  offices  till  the  Tuesday  succeeding  the  next  ;iimual 
election,  and  at  each  annual  c'cction  there  shall  be  elected  a  commissioner  to 
supply  the  place  of  any  person  so  appointed,  anil  the  person  thus  elected  shall 
serve  out  the  unexpired  term. 

§  9.  Any  commissioner  of  common  schools  in  said  city,  may  be  removed 
from  office  for  official  misconduct  by  the  common  council  of  said  city,  by  a 
rote  of  two  thirds  of  the  members  thereof;  but  a  written  copv  of  the  char 
ges  against  said  commissioner,  s-hall  be  served  upon  him.  and  he  shall  be  al 
lowed  an  opportunity  to  refute  any  such  charge  of  misconduct  before  removal 

§  ;().  The  commissioners  of  common  schools  in  said  city,  shall  constitute  a 
board,  to  be  styled  the  '*  Board  of  Education  of  the  city  of  Troy,"  which 
shall  be  a  corporate  body  in  relation  to  all  the  powers  and  duties  conferred 
upon  them  by  virtue  of  this  ;tct.  A  majority  of  the  board  shall  form  a  quo 
rum.  The  Hrst  meeting  of  the  board  shall  be  on  the  second  \Vednesda\  next 
after  their  election,  and  the  annual  meeting  of  the  board,  theieafter,  shall  be 
on  the  second  Wednesday  next  after  their  election.  At  the  tir.-t  meeting  of 
*the  beard,  and  annually  thereafter,  at  the  annual  meeting,  they  shall  elect 
one  of  their  number  president  of  the  board  ;  and  whenever  he  shall  be  ab- 
f=ent,  a  president  pro  tempore  may  be  appointed.  The  said  commissioners 
shall  receive  no  compen.-a.tion  for  their  services. 

§  i  I.  The  said  commissioners  shall  appoint  a  clerk  who  may  be  one  of 
their  number,  who  shall  hold  his  office  during  the  pleasure  of  the  board,  and 
•vdiose  compensation  shall  be  fixed  by  them  The  said  clerk  shall  keep  a  re 
cord  of  the  pros eedings  of  the  board,  and  perform  such  oilier  duties  a*  the 
board  may  prescribe  ;  the  said  record  or  a  transcript  thereof,  certified  by  the 
president  and  clerk,  shall  be  received  in  all  courts  as  priina  facie  evidence  of 
facts  therein  set  forth  ;  and  such  records  and  all  the  books,  accounts,  vouch 
er?,  and  papers  of  said  board  shall  at  all  times  be  subject  to  the  inspection  of 
the  common  council,  and  of  any  committee  thereof. 

§  12.  The  common  council  of  said  city  shall  have  the  power,  and  it  shall 
be  their1  duty  to  raise  from  time  to  time  by  tax,  to  be  levied  equally  upi.n  all 
the  real  and  personal  estate  in  said  city,  which  shall  be  liable  to  tuxati  n  for 
the  ordinary  city  taxes,  or  for  city  or  county  charges,  such  sum  or  MUIIS  of 
raoncv,  as  may  be  necessary  or  proper,  for  any  or  all  the  following  purpo-ea: 

1.  "To  pui chase  school  houses,  and  also  to  purchase,  lease  or  improve  sites 
therefor. 

2.  To  enable  the  board  of  education  to  build,  lease,  enlarge,  alter,  improve 
and  repair  school  houses,  and  their  out  houses  and  appurtenances. 

3.  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  fur 
niture  and  appendages  ;  but  the  power  herein  granted,  shall  not  be  deemed  to 
authorize  the  I'urnishiny;  with  class  or  text  books  any  scholar  whose  parents 
or  guardian  shall  be  able  to  t'urni;h  the  same. 

4.  To   procure  fuel  and    difrav  the  contingent   expenses  of  the  common 
schools,  and  the  expenses  of  the  school  libraries  of  said  city. 

5.  To  pay   the  wages  of  teachers  due  after  the  application  of  the  public 
monies,  which  may  by  law  be  appropriated  and    provided  for  that  purpose: 
Provided,  nevertheless,    that  the  tax  to  be  levied,    as  aforesaid,  and  collected 
by  virtue  •  f  this  act,  shall  be  collected  at  the  same  time,  and  in  the  same  man 
ner  as  other  city  taxes. 

fi.  And  she  amount  to  be  raised  for  teachers' wages  and  contingent  ex- 
pon-cs  in  ;:ny  <  ne  year.  ?h:d!  not  be  less  than  twice,  nor  more  than  four  times' 
the  :im»v.n!  apportioned  to  t-aid  city,  fn  in  the  c< •nimon  xhool  fund  <  i  ihe  state 
during  the  pievior.s  Venr.  i,< T  -hall  the  amount  to  be  raided  in  one  }  cr.r,  after 
the  1st  Tne.-djiy  in  Muvch,  18..  I,  fur  purchasing  sites  and  erecting  and  repair- 


353 

ing  school  houses  exceed  five  thousand  dollars.  And  the  common  council  of 
said  city  are  authorized  and  directed  when  necessary,  to  raise  by  loan  in  an 
ticipation  of  the  taxes,  the  moneys  so  to  be  raised,  collected  and  levied  as 
•  aforesaid. 

§  13.  All  moneys  to  be  raised  pursuant  to  the  provisions  of  this  act,  and 
all  school  moneys  by  law  appropriated  to,  or  provided  for  said  city,  shall  be 
paid  to  the  chamberlain  thereof,  who  together  with  the  sureties  upon  his  of 
ficial  bond,  shall  be  accountable  therefor,  in  the  same  manner  as  for  other  mon 
eys  of  said  city  ;  the  said  chamberlain  shall  be  liable  to  the  same  penalties 
for  any  official"  misconduct  in  relation  to  the  said  moneys,  as  for  any  similar 
misconduct  in  relation  to  other  moneys  of  said  city. 

§  14.     The  said  board  shall  have  power,  and  it  shall  be  their  duty, 

1.  To  establish  and  organize,  in  the  several  wards  of  said  city,  such  and 
so  many  schools,  (including  the  common  schools  now    existing  therein)  as 
they  shall  deem  requisite  and  expedient,  and  to  alter  and  discontinue  the 
flame. 

2.  To  build,  lease,  or  contract  for  the  occupation  and  use  of  school  houses 
and  rooms,  and  to  improve  the  same  as  they  may  deem  proper, 

3.  To  alter,  improve  and  repair  school  houses  and  appurtenances  as  they 
may  deem  advisable. 

4.  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books  for 
indigent  pupils,  furniture  and  appendages,  and  to  defray  their  contingent  ex 
penses,  and  the  expense  of  the  school  libraries. 

5.  To  have  the  custody  and  safe  keeping  of  the  school  houses,  out  houses, 
books,  furniture  and  appendages,  and  to  see  that  the  ordinances  of  the  common 
council  in  relation  thereto  be  observed. 

6.  To  contract  with,  license,  and  employ  all  teachers  in  said  schools,  and 
at  their  pleasure  to  remove  them. 

7.  To  pay  the  wages  of  such  teachers  out  of  the  moneys  appropriated  and 
provided  by  law,  for  the  support  of  schools  in  said  city,  so  far  as  the  same 
shall  be  sufficient,  and  the  residue  thereof,  from  the  money  authorized  to  b« 
raised  for  that  purpose  by    section  twelve  of  this  act,  by  tax    upon  said 
city. 

8.  To  defray  the  necessary  contingent  expenses  of  the  board,  including  an 
annual  salary  to  the  clerk,  provided  the  account  of  such  expenses  shall  first  be 
audited  and  allowed  by  the  common  council. 

9.  To  have  hi  all  respects  the  superintendence,  supervision,  and  manage 
ment  of  the  common  schools  in  said  city,  and  from  time  to  time  to  adopt,  alter, 
modify  and  repeal,  as  they  may  deem   expedient,  rules  and  regulations  for 
their  organization,  government  and  instruction,  for  the  reception  of  pupils,  and 
their  transfer  from  one  school  to  another,  and  generally  for  the  promotion  of 
their  good  order,  prosperity  and  public  utility. 

10.  Whenever,  in  the  opinion  of  the  board  it  may  be  advisable  to  sell  any 
of  the  school  houses,  lots,  or  sites,  or  any  of  the  school  property,  now  or  here 
after  belonging  to  the  city,  to  report  the  same  to  the  common  council. 

11.  To  prepare  and  report  to  the  common  council,   such  ordinances  and 
regulations  as  may  be  necessary  or  proper  for  the  protection,  safe  keeping, 
care  and  preservation  of  school  houses,  lots  and  sites  and  appurtenances,  and 
all  the  property  belonging  to  the  city,  connected  with  or  appertaining  to  the 
schools,  and  to  suggest   proper  penalties  for  the  violation   of  such  ordinances 
and  regulations  ;  and  annually,  on  or  before  the  first  day  of  February  in  each 
year,  to  determine  and  certify  to  said  common  council,  the  sums  in  their  opin 
ion  necessary  or  proper,  to  be  raised  under  the  twelfth  section  of  this  act, 
specifying  the  sums  required  for  the  year  commencing  on  the  first  of  March 
thereafter,   for  each  of  the  purposes  therein  mentioned,   and  the  reasons 
therefor. 

12.  Between  the  first  day  of  July,  and  the  first   day  of  August,  in  each 
year,  to  make  and  transmit  to  the  county  clerk,  or  such  other  officer  as  may 
be  designated  by  law.  a  report  in  writing  bearing  date  the  first  day  of  July 
tn  the  year  of  its  transmission,  and  stating, 

23 


•  354 

1.  The  number  of  school  houses  in  said  city,  and  an  account  and  descrip-* 
tion  of  all  the  common  schools  kept  in  said  city  during  the  preceding  year? 
and  the  time  they  have  severally  been  taught. 

2.  The  number  of  children  taught   in   said  schools  respectively,  and  the 
number  of  children  over  the  age  of  five  years,  and  under  the  age  of  sixteen 
[21]  years,  residing  in  said  city,  on  the  first  day  of  January,  of  that  year. 

3.  The  whole  amount  of  school  moneys  received  by  the  chamberlain  of  said 
city  during  the  year   preceding,  distinguishing  the  amount  received  from  the 
county  treasurer,  from  the  city  tax,  and  from  any  other  source. 

4.  "The  manner  in  which  such  moneys  had  been  expended,   and  whether 
any  and  what  part  remains  unexpended,  and  for  what  cause. 

5.  The  amount  of  money  received  for  tuition  fees  from  foreign  pupils  du 
ring  the  year,  and  the  amount  paid  for  teachers'  wages  in  addition  to  the  pub 
lic  monies,   with  such   other  information  relating  to  the  common  schools  of 
said  city,  as  may  from  time  to  time  be  required  by   the"  state  superintendent 
of  common  schools. 

§  1 5.  It  shall  be  the  duty  of  each  commissioner  to  visit  the  schools  in  his 
ward  twice  in  each  year ;  and  the  board  of  education  shall  p-ovide  that  each 
of  the  schools  in  the  city  shall  be  visited  by  a  committee  of  three,  or  more  of 
their  number,  or  by  their  clerk,  at  least  once  in  each  term. 

§  16.  The  said  board  of  education  shall  have  power  to  allow  the  children 
of  persons  not  resident  within  the  city  to  attend  any  of  the  schools  of  said 
city  under  the  care  and  control  of  said  board,  upon  such  terms  as  said  board 
shall  by  resolution  prescribe,  fixing  the  tuition  which  shall  be  paid  there 
for. 

§  IT.  It  shall  be  the  duty  of  said  board,  in  all  their  expenditures  and 
contracts,  to  have  reference  to  the  amount  of  moneys  which  shall  be  subject 
to  their  order,  during  the  then  current  year,  for  the  particular  expenditure  in 
question,  and  not  to  exceed  that  amount. 

§  18.  The  said  board  of  commissioners  shall  be  trustees  of  the  school  li 
brary  or  libraries  in  said  city,  and  all  the  provisions  of  law  which  now  are  or 
hereafter  may  be  passed  relative  to  district  school  libraries,  shall  apply  to  the 
said  commissioners  ;  they  shall  also  be  vested  with  the  same  discretion'  as  to 
the  disposition  of  the  moneys  appropriated  by  any  law  of  this  state,  for  the 
purchase  of  libraries  which  is  therein  conferred  upon  the  inhabitants  of  school 
districts.  It  shall  be  their  duty  to  provide  a  library  room,  or  rooms,  in  the 
several  school  houses  in  said  city,  and  the  necessary  furniture  therefor.  The 
clerk  of  said  board  shall  be  the  general  librarian.  The  board  shall  also  appoint 
a  librarian  for  each  school,  to  have  the  care  of  the  books,  and  to  superintend 
the  letting  out  and  return  thereof.  The  several  school  librarians  shall  from 
time  to  time,  inform  the  general  librarian  of  the  state  and  condition  of  their 
libraries,  and  the  said  board  or  the  general  librarian,  under  the  direction  and 
by  resolution  of  the  said  board,  may  make  all  purchases  of  books  for  the  li 
braries,  and  provide  for  their  equitable  distribution  among  the  schools,  and 
exchange  or  cause  to  be  repaired  the  damaged  books  belonging  thereto,  and 
also  sell  any  books  which  may  be  deemed  useless,  or  of  improper  character, 
and  apply  the  proceeds  to  the  purchase  of  other  books  for  said  libraries. 

§  19.  It  shall  be  the  duty  of  said  board,  at  least  fifteen  days  before  the 
annual  election  for  commissioners  in  each  year,  to  prepare  and  report  to  the 
common  council,  true  and  correct  statements  of  the  receipts  and  disbursements 
of  moneys  under  and  in  pursuance  of  the  provisions  of  this  act,  during  the  pre 
ceding  year  ;  in  which  account  shall  be  stated  under  appropriate  heads  : 

1.  The  monies  raised  by  the  common  council  under  the  twelfth  section  of 
this  act  : 

2.  The  school  moneys  received  by  the  chamberlain  of  the  city,  from  the 
county  treasurer,  distinguishing  between  the  sum  received  from  the  state  and 
the  sum  raised  upon  the  city  by  the  board  of  supervisors : 

3.  The  moneys  received  by  the  common  council  under  the  third  section 
of  this  act : 

4.  All  other  moneys  received  by  the  chamberlain  subject  to  the  order  of 
the  board,  specifying  the  sources. 


•  70*f  r 


355 


5.  The  manner  in  which  such  sums  of  money  shall  have  been  expended, 
specifying  the  amount  paid  under  each  head  of  expenditure  : 

And  the  common  council  shall,  ten  days  before  such  election,  cause 
the  same  to  be  published  in  at  least  two  of  the  newspapers  published  in 
said  city.  » 

§  20.  The  common  council  of  said  city  shall  have  the  power  to  pass  suck 
ordinances  and  regulations  as  the  said  board  of  education  may  report  as  ne 
cessary  and  proper  for  the  protection,  safe  keeping,  care  and  preservation  of 
the  school  houses,  lots,  sites,  appurtenances  and  appendages,  libraries,  and 
all  necessary  property  belonging  to,  or  connected  with  the  schools  in  said 
city  ;  and  to  impose  proper  penalties  for  the  violation  thereof,  subject  to  the 
restrictions  and  limitations  contained  in  the  act  to  incorporate  the  said  city  ; 
and  all  such  penalties  shall  be  collected  in  the  same  manner  that  the  penal 
ties  for  the  violation  of  the  city  ordinances  are  by  law  collected,  and  when 
collected,  shall  be  paid  to  the  chamberlain  of  the  city,  and  be  subject  to  the 
order  of* the  board  of  education,  in  the  same  manner  as  other  moneys,  raised 
pursuant  to  the  provisions  of  this  act. 

§  21.  It  shall  be  the  duty  of  the  common  council,  within  fifteen  days  after 
receiving  the  certificate  of  the  commissioners  required  by  the  fourteenth  sec 
tion  of  this  act,  of  the  sums  necessary  or  proper  to  be  raised  under  the  twelfth 
section  of  this  act,  to  determine  and  certify  to  said  board  of  education  the 
amount  that  will  be  raised  by  them  for  the  year  commencing  on  the  1st  of 
March  thereafter,  for  the  purposes  mentioned  in  said  twelfth  section,  distin 
guishing  between  the  amount  to  be  raised  for  teachers'  wages  and  contingent 
expenses,  and  the  amount  to  be  raised  for  the  repair  of  school  houses,  which 
amounts  shall  be  subject  to  the  disposal  of  the  board  of  education. 

§  22.  All  the  moneys  required  to  be  raised  by  virtue  of  this  act,  or  re 
ceived  by  the  said  city,  for  or  on  account  or  the  common  schools,  except  such 
sums  as  are  raised  for  the  purchase  of  sites  for  school  houses,  shall  be  depos 
ited  for  the  safe  keeping  ^thereof,  with  the  chamberlain  of  said  city,  to  the 
credit  of  said  board  of  education,  and  shall  be  drawn  out  in  pursuance  of  a 
resolution  or  resolutions  of  said  board,  by  drafts  drawn  by  the  president  and 
countersigned  by  the  clerk  of  said  board,  payable  to  the  order  of  the  person 
or  persons  entitled  to  receive  such  moneys  ;  and  said  chamberlain  shall  keep 
the  funds  authorized  by  this  act  to  be  received  by  him,  separate  and  distinct 
from  any  other  fund,  which  he  is,  or  may  by  law  be  authorised  to  receive. 

§  23.  It  shall  be  the  duty  of  the  clerk  of  said  city,  immediately  after  the 
election  of  any  person  as  a  commissioner  of  common  schools  to  personally  or 
in  writing,  to  notify  him  of  his  election,  and  if  any  such  person  shall  not  with 
in  ten  days  after  receiving  such  notice  of  his  election,  take  and  subscribe  the 
constitutional  oath,  and  file  the  same  with  the  clerk  of  the  said  city,  the  com 
mon  council  may  consider  it  a  refusal  to  serve,  and  proceed  to  supply  the  va 
cancy  occasioned  by  such  refusal  ;  and  the  person  so  refusing,  shall  forfeit, 
and  pay  to  the  city  chamberlain,  for  the  benefit  of  the  tuition  fund,  a  penalty 
of  ten  dollars. 

§  24.  It  shall  be  the  duty  of  the  several  school  districts  in  the  c,ity  of  Troy, 
within  three  months  from  the  passage  of  this  act,  to  transfer  and  convey  to 
said  city  all  school  houses,  sites,  lots,  and  all  other  school  property  of  what 
ever  name  and  description,  and  to  place  in  the  care  of  the  board  of  education, 
all  school  district  records,  account  books,  vouchers,  contracts,  papers,  and  oth 
er  school  property,  and  the  said  school  officers  of  the  said  city  and  the  sever 
al  school  districts  thereof,  shall  continue  in  office  until  the  unfinished  busi 
ness  of  said  districts  shall  have  been  finally  closed  up  and  settled,  not  exceed 
ing  three  months  after  the  passage  of  this  act,  with  all  the  power  and  duties 
now  by  law  imposed  upon  them,  for  the  purpose  of  closing  such  unfinished 
business. 

'  §  25.  The  common  council  of  the  city  of  Troy  shall,  on  the  third  Thurs 
day  of  April,  1849,  appoint  from  each  ward  in  said  city  commissioners  of  com 
mon  schools  for  said  city,  corresponding  in  number  with  the  aldermen  elected 
from  said  wards,  who  shall  hold  their  office  until  the  second  Tuesday  of  March, 


356 

1850  ;  the  said  persons  so  appointed  shall  be  residents  of  the  ward  for  which 
they  shall  be  appointed,  shall  during  the  time  of  their  appointment  consti 
tute  said  board  of  education,  and  possess  the  same  power  and  privileges,  per 
form  the  same  duties,  and  be  subject  to  the  same  regulations  as  the  commis 
sioners  to  be  elected  under  this  act.  Their  first  meeting  shall  be  on  the 
first  "Wednesday  after  their  appointment. 

§  26.  The  said  commissioners  so  appointed,  shall,  in  addition  to  the  other 
duties  required  of  them  by  this  act,  on  or  before  the  first  day  of  June,  1849, 
determine  and  certify  to  the  common  council  in  the  manner  designated  by  the 
fourteenth  section  of  this  act,  the  sums  necessary  and  proper  to  be  raised  by 
said  city  for  the  purposes  mentioned  in  said  twelfth  section,  for  the  year  com 
mencing  on  the  1st  of  March,  1849.  The  said  common  council  shall,  within 
fifteen  days  after  receiving  said  certificate,  determine  and  certify  to  said  com 
missioners  in  the  manner  specified  in  the  twenty-first  section,  the  amounfea 
that  will  be  raised  by  them,  which  amounts  shall  in  like  manner  be  subject  to 
the  disposal  of  said  commissioners. 

§  27.  All  previous  acts  and  parts  of  acts  inconsistent  herewith,  are  here 
by  repealed. 

[Chap.  353,  laws  of  1850,  as  amended  by  chap.  366  laws  of  1851.] 

§  1.  It  shall  be  lawful  for  the  board  of  edtication  of  the  city  of  Troy,  and 
the  said  board  is  hereby  authorized,  to  discharge  all  the  duties  and  exercise  all 
the  powers  belonging  to  the  office  of  town  superintendent  of  common  schools 
by  law,  in  relation  to  the  formation  of  joint  school  districts  out  of  parts  of 
said  city,  and  parts  of  adjoining  towns,  and  also  in  the  erection  of  separate 
school  districts,  as  hereinafter  provided,  in  either  the  fifth,  sixth,  and  seventh 
wards  of  said  city. 

§  2.  "Whenever  it  may  become  necessary  or  -convenient  to  form  a  joint  dis 
trict  out  of  parts  of  said  city  and  of  any  adjoining  town,  the  board  of  educa 
tion  may  depute  any  member  of  said  board  or  the  clerk  thereof,  to  meet  with 
the  superintendent  of  such  adjoining  town,  and  the  proceedings  of  such  mem 
ber  of  said  board,  or  the  clerk  thereof,  and  such  town  superintendent,  in  con 
formity  with  the  statute,  dyly  certified  under  their  hands,  in  forming,  regula 
ting  and  altering  any  such  districts,  shall  be  valid  and  conclusive,  when  ap 
proved  by  said  board  at  any  meeting  regularly  convened. 

§  3.  The  said  board  of  education  may,  in  its  discretion,  upon  the  written 
application  of  at  least  two-thirds  of  the  inhabitants,  entitled  by  law  to  vote 
in  school  district  meetings;  residing  within  the  territory  to  be  included  there 
in,  erect  separate  school  districts,  and  from  time  to  time  regulate  and  alter  the 
same,  in  either  the  fifth,  sixth  and  seventh  wards  of  said  city.  Such  separate 
school  districts,  when  so  erected,  and  the  joint  districts  provided  for  in  the  sec 
ond  section  of  this  act,  when  so  formed,  shall  severally  enjoy  all  the  rights 
and  privileges  and  be  subjectto  all  the  duties  and  liabilities  of  school  districts 
legally  formed  in  the  several  towns  of  this  state,  and  shall  be  no  longer  under 
the  care  and  government  of  said  board  of  education. 

§  4.  It  shall  be  the  duty  of  the  trustees  of  all  such  joint  and  separate  dis 
tricts  as  shall  be  formed  and  erected  in  pursuance  of  this  act,  to  make  to 
the  board  of  education  of  said  city,  all  the  reports  and  returns  which  are 
or  may  be  by  law  required  in  the  several  towns  of  this  state  to  be  made  to 
the  town  superintendents  thereof.  It  shall  be  the  duty  of  the  said  board  of 
education  to  apportion  to  each  of  the  parts  of  such  joint  districts  lying  within 
said  city,  and  to  each  of  such  separate  districts,  from  all  the  public  school 
moneys  that  shall  thereafter  be  apportioned  and  paid  to  the  city,  whether 
the  same  shall  be  received  from  the  state  school  moneys  or  from  the  taxes  di 
rected  by  law  to  be  levied  and  collected  for  that  purpose,  the  just  proportion 
of  such  moneys  according  to  the  number  of  children  residing  within  such 
parts  of  said  joint  districts  as  shall  lie  within  said  city,  and  within  said  sep 
arate  districts,  between  the  ages  of  five  and  sixteen  years  inclusive,  making 
the  whole  number  of  such  children  residing  within  the  city  the  basis  for 
such  apportionment,  as  the  same  shall  appear  from  the  last  reports  thereof. 


357 


If'!'     • 


§  5.  It  shall  be  the  duty  of  the  board  of  supervisors  of  the  county  of  Rens- 
selaer,  from  and  after  the  passage  of  this  act,  to  direct  that  all  the  moneys  levi 
ed  and  collected  on  the  inhabitants  of  the  city  of  Troy  for  common  school 
purposes,  whether  the  same  shall  be  levied  and  collected  as  county  taxes  or 
otherwise,  shall  be  paid  over  by  the  receiver  of  taxes  for  said  city,  to  the 
chamberlain  thereof,  for  the  sole  use  and  benefit  of  the  free  public  schools 
within  said  city,  and  it  shall  be  the  duty  of  the  board  of  education  to  apply 
all  such  moneys  to  the  support  of  the  free  schools  of  said  city  in  conformity 
to  law.  ^ 

[Chap.  366,  laws  0/1851.] 

§  2.  Every  ward  in  the  city  of  Troy,  and  each  portion  of  a  ward  in  which 
a  public  school  is  now,  or  may  hereafter,  be  maintained,  shall  constitute  a 
school  district,  under  the  supervision  and  direction  of  the  board  of  education 
of  said  city. 

UTICA. 

[Laws  of  1842,  chap.  137,  as- amended  by  chap.  131,  laws  of  1844.     Chap.  184, 

Title  X,  laws  of  1848,  and  chap.  66,  laws  of  1850.] 
AN  ACT  in  relation  to  common  schools  in  the  city  of  Utica. 

Passed  April  7,  1842,  by  a  two-third  vote. 

The  People  of  the  State  of  New -York,  represented  in  Senate  and  Assembly, 
do  Enact  as  follows  : 

§  1.  At  the  next  annual  election  for  city  officers  to  be  held  in  the  city  of 
Utica,  there  shall  be  elected  six  commissioners  of  common  schools  for  the  said 
city,  who  shall  be  elected  in  the  same  manner  as  justices  of  the  peace,  su 
pervisors  and  constables  are  elected  in  said  city  pursuant  to  the  act  incorpora 
ting  said  city. 

§  2.  Within  ten  days  after  their  election,  the  persons  so  elected  shall  take  and 
subscribe  the  oath  of  office  prescribed  by  the  constitution,  and  file  the  same  with 
the  clerk  of  said  city ;  and  they  or  a  majority  of  them  shall  thereupon  meet  and 
cause  the  whole  number  of  commissioners  so  chosen  to  be  divided  into  three 
classes,  to  be  severally  numbered  first,  second  and  third.  The  term  of  office 
of  the  first  class  shall  expire  at  the  end  of  one  year,  of  the  second  class  at 
the  end  of  two  years,  and  of  the  third  class  at  the  end  of  three  years  ;  but 
each  class  shall  continue  in  office  until  their  successors  are  elected,  and  haVe 
taken  the  oath  of  office. 

§  3.  At  every  annual  election  for  city  officers  in  said  city  after  the  next, 
there  shall  in  like  manner  be  elected  two  commissioners  of  common  schools , 
to  supply  the  places  of  those  whose  term  of  office  is  about  to  expire  ;  they 
shall  hold  their  office  for  three  years,  and  until  their  successors  are  elected,  and 
have  taken  the  oath  of  office.  The  term  of  office  of  all  commissioners  elect 
ed  pursuant  to  the  provisions  of  this  act,  shall  commence  on  the  first  Mori- 
day  after  the  first  Monday  in  March  next  succeeding  their  election. 

§  4.  The  common  council  of  said  city  may  make  appointments  of  commis 
sioners  of  common  schools,  to  fill  vacancies  which  may  occur  from  any  cause 
other  than  the  expiration  of  the  term  of  office  of  the  person  elected.  The 
commissioners  so  appointed,  shall  hold  their  office  for  the  unexpired  term  of 
those  to  supply  whose  places  they  are  appointed. 

§  5.  Any  commissioner  of  common  schools  in  said  city  may  be  removed 
from  office  for  official  misconduct,  by  the  common  council  thereof,  by^  a  vote 
of  two-thirds  of  the  members  thereof. 

§  6.  The  commissioners  of  common  schools  in  said  city  shall  constitute  a 
board  t  be  styled  the  •'  Commissioners  of  Common  Schools  in  the  city  of  Utica," 
which  shall  be  a  corporate  body  in  relation  to  all  the  powers  aud  duties  con- 


358 

f erred  upon  them  by  virtue  of  this  act ;  a  majority  of  the  board  shall  form 
a  quorum.  At  their  first  meeting  after  each  annual  city  election,  they  shall 
elect  one  of  their  number  chairman,  and  whenever  the  chairman  shall  be  ab 
sent  from  a  meeting  of  the  board,  they  may  appoint  a  chairman  pro  tempore ; 
they  shall  also  elect  a  clerk  who  shall  hold  his  office  during  the  pleasure  of 
the  board  ;  the  said  commissioners  shall  receive  no  compensation  for  their 
services. 

§  7.  The  clerk  of  said  board  shall  keep  a  record  of  the  proceedings  there 
of,  which  record,  or  a  transcript  therefrom,  certified  by  the  chairman  and 
clerk,  shall  be  received  in  all  courts  as  prima  facie  ev^ence  of  the  facts 
therein  set  forth  ;  and  such  records,  and  all  the  books,  papers,  and  accounts 
of  the  said  board,  shall  at  all  times  be  subject  to  the  inspection  of  the  common 
council,  and  of  any  committee  thereof. 

§  8.  The  common  council  of  the  said  city  shall  have  the  power,  arid  it 
shall  be  their  duty,  to  raise  from  time  to  time  by  tax  upon  the  real  and  per 
sonal  estates  in  said  city,  which  shall  be  liable  to  taxation  for  the  ordinary 
city  taxes,  or  for  town  or  county  charges,  such  sums  as  may  be  determined 
and  certifietl  by  the  said  board  of  of  commissioners,  to  be  necessary  or  proper 
for  any  or  all  of  the  following  purposes ; 

1.  To  purchase,  lease  or  improve  sites  for  school  houses  : 

2.  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair  school  hous 
es  and  their  out  houses  and  appurtenances  : 

3.  To  purchase,  exchange,  improve,  and  repair  school   apparatus,  books, 
furniture  and  appendages  : 

4.  To  -procure   fuel  and  defray  the  contingent  expenses  of  the  common 
schools,  and  the  expenses  of  the  district  library  of  said  city,  and  the  contin 
gent   expenses  of  said  board   of   commissioners   including  the  salary  of  the 
clerk  of  said  board,  aad  to  meet  any   deficiency  which  shall  occur  in  the  pay 
ment  of  the  wages  of  teachers  of  the  said  schools,  after  applying  to  the  pay 
ment  thereof,  the  school  moneys  appropriated  and  provided  in  said  city,  and 
the  tuition  fees  which  shall  be  collected  as  hereinafter  provided  ;  which  shall 
be  in  addition  to  the  amount  of  school  moneys  now  or  hereafter  appropriated 
or  provided  by  law,  for  common  schools  in  said  city  ;  provided,  nevertheless, 
that  such  tax  shall  not  be  laid  oftener  than  once  in  each  year;  and  that  the 
whole  amount  to  be  raised  shall  not  in  any  one  year  exceed  the  sum  of  three 
thousand  dollars. 

§  9.  The  common  council  shall  cause  the  amount  of  the  tax  at  any  time 
ordered  to  be  raised  in  pursuance  of  the  last  section,  to  be  added  to  the 
amount  which  they  are  otherwise  authorized  by  law  to  raise  by  tax  in  said 
city,  and  they  shall  cause  the  same,  with  the  collectors'  fees  thereon,  to  be  as 
sessed,  levied  and  collected  at  the  same  time  by  the  same  warrant,  and  in  the 
same  manner  with  the  taxes  raised  for  city  expenses,  under  and  by  virtue  of 
the  forty-fourth  section  of  the  act  to  incorporate  said  city. 

§  10.  All  «ioneys  to  be  raised  pursuant  to  the  provisions  of  this  act,  and 
all  school  moneys  by  law  appropriated  to  or  provided  for  said  city,  shall  be 
paid  to  the  treasurer  of  the  said  city,  who  together  with  the  sureties  upon  his 
official  bond,  shall  be  accountable  therefor  in  the  same  manner  as  for  other 
moneys  of  the  said  city  ;  the  said  treasurer  shall  also  be  liable  to  the  same 
penalties  for  any  official  misconduct  in  relation  to  the  said  moneys,  as  for  any 
similar  misconduct  in  relation  to  the  other  moneys  of  the  city. 

§  11.  After  the  passage  of  this  act  the  treasurer  of  the  said  city  shall  not 
pay  out  any  moneys  in  his  hands  received  by  the  said  city,  either  as  school 
moneys,  or  collected  or  received  by  virtue  of  any  of  the  provisions  of  this  act, 
excepting  upon  an  order  drawn  upon  him,  and  signed  by  the  chairman  and 
clerk  of  the  said  board  of  commissioners,  and  no  such  order  shall  be  drawn 
except  by  virtue  of  a  resolution  of  the  board. 

§  12.  The  said  board  may  cause  a  suit  or  suits  to  be  prosecuted  in  the 
name  of  the  city  of  Utica,  upon  the  official  bond  of  the  treasurer,  or  of  any 
collector  of  the  said  city,  for  any  default,  delinquency  or  official  misconduct  in 
relation  to  the  collection,  safe  keeping  or  payment  of  any  moneys  in  this  act 
mentioned. 


359 

§  13.    The  said  board  shall  have  power,, and  it  shall  be  their  duty  : 

1.  To  establish  ard  organize  such  and  so  many  common  schools  in  said  city, 
{including  the  common  and  free  schools  now  existing  therein)  as  they  shall 
deem  requisite  and  expedient,  and  to  alter  and  discontinue  the  same. 

2.  To  purchase  or  hire  school  houses,  and  rooms  and  lots  or  sites  for  school 
houses,  and  to  fence  and  improve  them  as  they  deem  proper. 

3.  Upon  such  lots  or  sites,  and  upon  any  sites  now  owned  by  said  city,  to 
build,  enlarge,  alter,  improve  and  repair  school  houses,  out  houses  and  appur 
tenances  as  they  may  deem  advisable. 

4.  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  fur 
niture  and  appendages,  and  to  provide  fuel  for  the  schools,  and  defray  their 
contingent  expenses  and  the  expenses  of  the  district  library. 

5.  To  have  the  custody  and  safe  keeping  of  the  school  houses,  out  houses, 
apparatus,  books,  furniture  and  appendages,  and  to  see  that  the  ordinances  of 
the  common  council  in  relation  thereto  be  observed. 

6.  To  contract  with  and  employ  all  teachers  in  the  common  schools  and  at 
their  pleasure  to  remove  them. 

I.  To  pay  the  wages  of  such  teachers  out  of  the  school  moneys  which  shall 
be  appropriated  and  provided  in  the  said  city,  so  far  as  the  same  shall  be  suf 
ficient,  and  the  residue  thereof  from  the  tuition  fees  they  shall  be  authorized 
to  collect  or  receive  as   herein  provided  ;  and  in  case  the  said  school  moneys 
and  tuition  fees  shall  be  insufficient  to  pay  such  wages,  then  to  pay  the  de 
ficiency  out  of  the  moneys  to  be  raised  by  the  common  council  of  said  city  in 
pursuance  of  the  eighth  section  of  this  act. 

8.  To  fix  the  rate   of  tuition  fees  in  said  schools  at  a   sum  not  exceeding 
.two  dollars  per  term,  which  shall  be  a  period  of  not  less  than  eleven  weeks, 
and  to  designate  a  person  or  persons    to  whom  the  same  may  be   paid  pre 
vious  to  issuing  a  warrant  for  the  collection  thereof,  and  to  exempt  from  the 
payment  of  the  whole  or  any  part  of  the  tuition  fees,  such  persons  as  they  may 
deem  entitled  to  such  exemption,  for  indigence  or  any  other   sufficient  cause, 
and  cause  a  list  of  the  persons  so  exempted,  with  the  extent  of  their  exemp 
tion,  to  be  kept  by  the  clerk  of  the  board. 

9.  To  defray  the  necessary  contingent  expenses  of  the  board,  including  an 
annual  salary  to  the  clerk,  which  shall  not  exceed  one  hundred  dollars,  provi 
ded  that  the  account  of  such  expenses  shall  first  be  audited  and  allowed  by 
the  common  council. 

10.  After  the  end  of  each  school  term  to  make  out  a  rate  bill  containing 
the  name  of  each  person  liable  to  pay  tuition  fees,  who  shall  not  have  paid 
them  (prior  to  the  making  out  of  such  rate  bill)  to  the  person  or  persons  dea. 
iguated  by  the  board  for  that  purpose,  and  the  amount  for  which  such  person 
is  liable,  addding  thereto  a  sum  not  exceeding  five  cents  on  each  dollar  of  the 
sum  due,  for  collector's  fees,  and  to  annex  to  such  rate  bill  a  warrant  for  the 
collection  thereof. 

II.  To  deliver  such  rate  bill,  with  the  warrant  annexed,  to  one  of  the  col 
lectors  of  taxes  of  said  city,  who  shall  execute  the  same  in  like  manner  and 
with  like  e  lect,   with  the  other  warrants  for  the  collection  of  taxes  placed  in 
his  hands  ;  or  m  1    -i    discretion,  to  deliver  the  same  to  a   collector  to  be  ap 
pointed  by  said  board  of  commissioners,  who  shall,  if  required  by  said  board, 
execute  to  said  commissioners  in  their  corporate  capacity,  a  bond,  with  one  or 
more  sureties,  to  be  approved  by  said  commissioners,  or  a  majority  of  them, 
which  bond,  as  to  its  penalty  and  conditions,  shall  be  the  same  as  is  by  law- 
required  to  be  executed  by   the   collectors  of  school  districts  ;  and  the  said 
board  of  commissioners  shall  have  the  same  power  and  authority  in  regard  to 
said  bond  and  the  collection  thereof,  as  the  trustees  of  school  districts  have  by 
law,  in  regard  to  the   bonds  given  by  collectors  of  school  districts  ;  and  the 
said  collector  shall  have  the  same  power  in  the  execution  of  said  warrant,  that 
the  collectors  of  taxes  of  said  city  have  by  virtue  of  this  act. 

12.  To  have  in  all  respects  the  superintendence,  supervision  and  manage 
ment  of  the  common  schools  in  said  city,  and  from  time  to  time  to  adopt,  al 
ter,  modify  and  repeal,  as  they  may  deem  expedient,  rules  and  regulations  for 
fcheir  organization,  government  and  instruction,  for  the  reception  of  pupils  and 


360 

their  transfer  from  one  school  to  another,  and  generally  for  the  promotion  of 
their  good  order,  prosperity  and  public  utility. 

13.  Whenever,  in  the  opinipn  of  the  board,  it  may  be  advisable  to  sell  any 
of  the  school  houses,  lots  or  sites,  or  any  of  the  school  property  now  or  hereaf 
ter  belonging  to  the  city,  to  report  the  same  to  the  common  council. 

14.  To  prepare  and  report  to  the  common  council  such  ordinances  and  re 
gulations  as  may  be  necessary  or  proper  for  the  protection,  safe  keeping,  care 
and  preservation  of  school  houses,   lots,  sites  and   appurtenances,  and  all  the 
property  belonging  to  the   city,  connected  with,  or  appertaining  to  the  schools 
and  to  suggest  proper  penalties  for  the  violation  of  such  ordinances  and  regu 
lations  ;  and  annually  to  determine  and  certify  to  the   said  common  council 
the  sums  in  their  opinion  necessary  or  proper  to  be  raised  under  the  eighth 
section  of  this  act,  specifying  the  sums  required  for  each  of  the  several  pur 
poses  therein  mentioned. 

15.  To  unite  with  the  commissioners  of  schools  of  any  adjoining  town,  and 
form,  regulate  and  alter  any  ^  district  out  of  any  portion  of  the  said  city  and 
such   town,  whenever  they   shall  deem  it  necessary  and   proper  to  do  so,  in 
which  case,  so  far  as  such  district  or  districts  are  concerned,  and  said  board 
shall,  during  the  existence  of  such  districts,  have  the  same  powers  and  duties 
which  the  commissioners  of  schools  in  towns  have. 

16.  Between  the  first  day  of  July  and  the  first  day  of  August  in  each  year, 
to  make  and  transmit  to  the  county  clerk  a  report  in  writing,  bearing  date  the 
first  day  of  July  in  the  year  of  its  transmission,  and  stating, 

1.  The  whole  number  of  districts  separately  set  off  within  the  said  city, 
in  pursuance  of  subdivision  fifteen  of  this  section : 

2.  An   account  and  description  of  all  the  common  schools  kept   in  said 
city  during    the  preceding  year,  and  the  time  they  have  severally    been 
taught  : 

3.  The  number  of  children  taught  in  the  said  schools  respectively,  and  the 
number  of  children  over  the  age  of  five  and  under  sixteen  [21]  years  residing  in 
the  city  on  the  first  day  of  January  of  that  year  : 

4.  The  whole  amount  of  school  moneys  received  by  the  treasurer  of  the 
said    city   during  the   preceding  year,  distinguishing  the  amount  received 
from  the  county  treasurer,  from  the  town  collector,  and  from  any  other  and 
what  source : 

5.  The  manner  in  which  such  moneys  have  been  expended,  and  whether 
any  and  what  part  remains  unexpended,  and  for  what  cause : 

,  6.  The  amount  of  money  received  for  tuition  fees  during  the  year,  and  the 
amount  paid  for  teachers'  wages,  in  addition  to  the  public  moneys  with  such 
ether  information  as  the  superintendent  of  common  schools  may  from  time  to 
time  require.  v 

§  14.  All  persons  collecting  or  receiving  tuition  fees  pursuant  to  the  des 
ignation,  or  the  warrant  of  the  said  board,  shall  be  liable  for  all  moneys  thus 
eollected  or  received  by  them  in  the  same  manner  as  collectors  are  for  mon 
eys  received  by  them  for  taxes,  and  any  collector  of  the  said  city,  and  his 
sureties  shall  be  liable  upon  his  official  bond,  for  any  default,  delinquency,  neg 
lect  or  misconduct,  in  the  duties  with  which  he  may  be  charged  under  or  by 
virtue  of  this  act,  in  the  same  manner  and  with  the  like  effect  as  for  any  other 
official  default,  delinquency,  neglect  or  misconduct ;  and  such  collector  shall 
also  be  liable  to  the  same  penalties  for  any  such  official  misconduct  as  for 
any  similar  misconduct  in  relation  to  any  other  duties  of  his  office. 

I  15.  The  warrant  annexed  to  any  rate  bill  pursuant  to  the  provisions  of 
this  act,  shall  be  under  the  hands  of  the  commissioners,  or  a  majority  of  them, 
and  shall  command  the  collector  to  collect  from  every  person  in  such  rate  bill 
named,  the  sum  therein  set  opposite  his  name,  and  in  case  any  person  so  nam 
ed,  shall  not  pay  such  sum  on  demand  to  levy  the  same,  together  with  the 
fees  of  said  collector,  by  distress  and  sale  of  goods  and  chattels  of  the  person 
who  ought  to  pay  the  same,  or  of  any  goods  and  chattels  in  his  possession, 
wheresoever  the  same  may  be  found  in  the  city  of  Utica,  and  to  make  return 
•f  such  warrant  to  the  treasurer  of  said  city,  within  thirty  days  after  the  de 
livery  thereof. 


361 

§  1 6.  Such  warrants  shall  have  the  like  force  and  effect  as  warrants  issued 
by  the  boards  of  supervisors  to  the  collectors  of  towns,  and  the  collectors  of 
the  said  city  are  authorized  to  collect  the  amount  due  from  any  person  or  per 
sons  in  the  said  city,  in  the  same  manner  and  with  the  same  power  that  col 
lectors  of  a  school  district  have  for  the  collection  of  tax  or  rate  bills  issued  by 
the  trustees  of  school  districts. 

§  17.  The  board  of  commissioners  shall  possess  the  same  powers  which  the 
trustees  of  school  districts  have  for  the  collection  of  tuition  fees,  which  shall 
not  be  collected  by  the  warrant  issued  by  them  Vith  rate  bills,  and  subject  to 
the  same  regulations  ;  and  they  may  in  like  manner  as  the  trustees  of 
school  districts,  correct  and  amend  errors  in  making  out  any  rate  bill,  ami  refund 
to  any  person  any  sum  improperly  collected  in  consequence  of  such  error. 

§  18.  It  shall  be  duty  of  the  said  board  in  all  their  expenditures  and  con 
tracts  to  have  reference  to  the  amount  of  moneys  which  will  be  subject  to 
their  order  during  the  then  current  year,  for  the  particular  expenditures  in 
question. 

§  19.  The  said  board  of  commissioners  shall  be  the  trustees  of  the  district 
library  in  said  city,  and  all  the  provisions  of  the  act  entitled,  "  An  act  re 
specting  the  School  District  Libraries,"  passed  April  15,  1839,  and  all  other 
laws  which  now  are  or  may  hereafter  be  passed  relating  to  district  school  li 
braries,  shall  apply  to  the  said  commissioners  in  the  same  manner  as  if  they 
were  trustees  of  a  school  district  comprehending  the  said  city  ;  they  shall 
also  be  vested  with  the  discretion  as  to  the  disposition  of  the  moneys  appro 
priated  by  the  fourth  section  of  chapter  two  hundred  and  thirty-seven,  of  the 
Statues  of  eighteen  hundred  and  thirty-eight,  which  is  therein  conferred  up 
on  the  inhabitants  of  school  districts.  It  shall  be  their  duty  to  provide  a  li 
brary  room  and  the  necessary  library  furniture,  and  appoint  a  librarian,  to 
make  all  purchases  of  books  for  the  said  library,  and  from  time  to  time  to  ax- 
change  or  cause  to  be  repaired  damaged  books  belonging  thereto  ;  they  may 
also  sell  any  books  which  they  deem  useless,  or  of  improper  character,  and 
apply  the  proceeds  to  the  purchase  of  other  books  for  the  said  library. 

§  106.  [Title  X,  chap.  184,  laws  of  1849.]  The  board  of  commissioners 
of  common  schools  may  from  the  moneys  received  by  them  for  the  school  dis 
trict  library,  defray  the  contingent  expenses  of  the  library  and  the  salary  of 
the  librarian,  and  apply  such  portion  of  it  as  they  may  deem  proper  to  the 
payment  of  teachers'  salaries.  / 

§  20.  It  shall  be  the  duty  of  said  board,  at  least  fifteen  days  before  the 
annual  election  for  city  officers  in  each  year,  to  prepare  and  report  to  the 
common  council  true  and  correct  statements  of  the  receipts  and  disbursements 
of  moneys  under  and  in  pursuance  of  the  provisions  of  this  act  during  the  pre 
ceding  year ;  in  which  account  shall  be  stated  under  appropriate  heads, 

1.  The  moneys  raised  by  the  common  council  under  the  eighth  section  of 
this  act : 

2.  The  school  moneys  received  by  the  treasurer  of  the  city  from  the  coun 
ty  treasurer  and  the  collector  of  taxes  for  town  and  county  charges  in  said 
city  : 

3.  The  moneys  received  for  tuition  fees  : 

4.  Alll  other  moneys  received  by  the  treasurer  subject  to  the  order  of  the 
board,  specifying  the  sources  : 

5.  The  manner  in  which  sueh  moneys  shall  have  been  expended,  specifying 
the  amount  paid  imder  each  head  of  expenditure  ; 

And  the  common  council  shall,  ten  days  before  the  said  election  cau?e  the 
same  to  be  published,  with  the  statement  required  to  be  published  by  the 
thirty-third  section  of  the  act  to  incorporate  the  said  city. 

§  21.  The  said  board  shall  be  subject  to  the  rules  and  regulations  from 
time  to  time  made  by  the  superintendent  of  common  schools  so  far  as  the  same 
may  be  applicable  to  them,  and  not  inconsistent  with  the  provisions  of  this 
act. 


362 

§  22.  The  common  council  of  said  city  shall  have  the  power,  and  it  shall 
be  their  duty  to  pass  such  ordinances  and  regulations  as  the  said  board  of 
commissioners  may  report  as  necessary  and  proper  for  the  protection,  safe 
keeping,  care  and  preservation  of  the  school  houses,  lots,  sites,  and  appurte 
nance?,  and  all  the  necessary  property  belonging  to  or  connected  with  the 
schools  in  said  city  ;  and  to  impose  proper  penalties  for  the  violation  thereof, 
subject  to  the  restrictions  and  limitations  contained  in  the  act  to  incorporate 
the  said  city  ;  and  all  such  penalties  shall  be  collected  in  the  same  manner 
that  the  penalties  for  violation  of  the  city  ordinances  are  by  law  collected  ; 
and  when  collected  shall  be  paid  to  the  treasurer  of  the  city,  and  be  subject 
to  the  order  of  the  board  of  commissioners,  in  the  same  manner  as  other  mon 
eys  raised  pursuant  to  the  provisions  of  this  act. 

§  23.  Whenever  the  said  board  shall  report  to  the  common  council  that  it 
is  advisable  to  sell  any  of  the  school  houses,  lots  or  sites,  or  any  of  the  school 
property  now  or  hereafter  belonging  to  the  city,  it  shall  be  the  duty  of  the 
common  council  to 'sell  the  same  without  unreasonable  delay,  and  upon  such 
terms  as  the  said  council  may  deem  advisable.  The  proceeds  of  all  such  sales 
shall  be  paid  to  the  treasurer  of  the  city,  and  shall  be  subject  to  the  order  of 
the  said  board,  to  be  expended  by  them  in  the  purchase,  leasing,  repairs  or 
improvements  of  other  school  houses,  lots,  school  furniture,  apparatus  or  ap 
purtenances. 

§  24.  The  title  of  the  school  houses,  sites,  lots,  furniture,  books,  apparatus 
and  appurtenances,  and  all  other  school  property  herein  before  in  this  act 
mentioned,  shall  be  vested  in  the  city  of  Utica ;  and  the  same  while  used  for 
or  appropriated  for  school  purposes  shall  not  be  liable  to  be  levied  upon  or 
sold  by  virtue  of  any  warrant  or  execution,  nor  be  subject  to  taxation  or  as 
sessment  for  any  purpose  whatsoever  ;  and  the  said  city  in  its  corporate  ca 
pacity  shall  be  able  to  take,  hold  and  dispose  of  any  real  or  personal  estate, 
transferred  to  it  by  gift,  grant,  bequest  or  devise  for  the  use  of  common  schools 
of  the  said  city,  whether  the  same  shall  be  transferred  in  terms  directly  to 
said  city  by  its  proper  style,  or  by  any  other  designation  or  to  any  other  des 
ignation,  or  to  any  person  or  persons  or  body,  for  the  use  of  said  schools. 

§  25.  All  former  acts  and  parts  of  acts  in  relation  to  common  and  free 
schools  in  the  said  city,  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed. 

[Chap.  66,  Laws  of  1850.] 

§  1.  The  board  of  school  commissioners  of  the  city  of  Utica  shall  annual 
ly  prepare  an  estimate  of  the  amount  of  money  necessary  to  be  raised  in  the 
said  city,  for  the  then  ensuing  year,  for  the  payment  of  teachers'  wages,  ex 
clusive  of  the  public  money  and  the  money  required  by  law  to  be  raised  by 
the  county  and  town  by  the  act  establishing  free  schools  throughout  the  state, 
and  present  the  same  to  the  board  of  supervisors  of  Oneida  county,  (at  their 
annual  meeting,)  who  shall  cause  the  same  to  be  levied  and  collected  from 
the  ^aid  city  in  the  same  manner  as  other  town  taxes  ;  but  the  sum  to  be 
raised  by  virtue  of  this  section,  shall  not  in  any  year  exceed  twice  the  sum 
apportioned  to  the  city  from  the  state  school  moneys. 

§  2.  The  said  board  of  commissioners  shall  appoint  a  superintendent  of 
common  schools  for  the  city,  to  hold  his  office  during  the  pleasure  of  the 
board,  and  to  perform  such  duties  in  the  care  and  oversight  of  the  schools  in 
the  city  as  it  may  charge  him  with.  He  shall  be  paid  suclr  compensation  for 
fois  services  as  the  board  shall  from  time  to  time  determine,  which  shall  bo 
audited  and  allowed,  as  other  town  charges  are  in  the  said  city. 


363 

*!_     ,        -j  WILLIAMSBURGH. 

[Laws  of  1851,  Chap.  171.] 

AJN  ACT  in  relation  to  common  schools  in  the  city  of  Williamsburgh. 
Passed  April  14,  1851,  "  three-fifths  being  present.'' 

The  People  of  the  State  of  New- York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1.  The  trustees  of  common  schools  in  the  city  of  Williamsburgh,  hold 
ing  office  at  the  passage  of  this  act,  whose  term,  under  the  provisions  of 
chapter  one  hundred  and  eighty-one,  laws  of  eighteen  hundred  and  forty-four, 
would  expire  in  May,  eighteen  hundred  and  fifty-two,  shall  hold  office  until 
the  first  Monday  in  January,  eighteen  hundred  and  fify-two,  and  no  longer. 
The  trustees  so  holding  office,  whose  term  would  expire  jn  May,  eighteen 
hundred  and  fifty-three,  shall  hold  office  until  the  first  Monday  in  January, 
eighteen  hundred  and  fifty-three,  and  no  longer.  And  the  trustees  who  shall 
be  elected  at  the  annual  district  meetings  in  May,  eighteen  hundred  and 
fifty-one,  shall  hold  office  until  the  first  Monday  in  January,  eighteen  hundred 
and  fifty-foul-,  and  no  longer. 

§  2.  At  each  annual  election  for  charter  officers  hereafter  to  be  held  in 
said  city,  there  shall  be  chosen  in  each  ward,  one  trustee  of  common  schools, 
whose  term  of  office  shall  commence  on  the  first  Monday  in  January  next 
succeeding  his  election,  and  continue  three  years.  All  persons  qualified  to 
vote  for  members  of  the  common  council  in  said  city,  shall  be  entitled  to  vote 
for  school  trustees,  and  the  election  shall  be  conducted  in  the  manner  pre 
scribed  by  law  for  other  elections  ;  provided,  that  a  separate  box  shall  be 
provided  in  each  election  district,  to  receive  the  votes  of  electors  for  said 
trustees,  and  that  the  ballots  used  in  such  election,  shall  be  endorsed  "school." 
Vacancies  in  the  office  of  school  trustee  shall  be  filled  at  the  election  next 
succeeding  their  occurrence  ;  but  persons  chosen  to  fill  the  same,  shall  hold 
office  only  for  the  residue  of  the  term  broken  by  the  occurrence  of  such 
vacancy.  All  persons  shall  be  eligible  to  the  said  office,  who  may  be  eligible 
by  law  to  the  common  council. 

§  3.  The  three  school  trustees  of  each  ward,  in  office  at  the  same  time, 
shall  manage  and  control  the  common  schools  of  such  ward,  in  conformity  to 
the  provisions  of  this  act,  and  the  laws  of  this  state. 

§  4.  The  trustees  of  common  schools  of  the  several  wards  of  said  city, 
shall  in  joint  meeting,  form  a  board  of  education.  The  said  board  shall 
have  the  general  supervision  of  the  schools  of  said  city,  and  shall  have  power 
to  make  such  rules  for  determining  the  qualifications  of  teachers  in  said 
schools,  and  ensuring  uniformity  of  books  and  school  discipline,  as  they  may 
deem  best  for  the  interests  of  education.  The  said  board  shall  maintain 
schools  for  colored  children,  and  shall  have  power  to  establish,  manage,  and 
control  evening  schools,  using  for  such  purpose,  such  school-house  or  school- 
houses  as  they  may  elect ;  and  when  the  same  may  appear  to  be  demanded 
by  the  wants  of  the  people,  they  may  establish,  manage  and  control  an 
academy  or  high  school.  The  board  of  education  shall  make  its  own  by 
laws,  not  inconsistent  with  the  laws  of  this  state ;  and  shall  choose  from 
their  own  number,  annually,  a  president,  and  also  a  clerk,  who  shall  keep  a 
faithful  record  of  the  proceedings  of  the  board. 

§  5.  The  several  boards  of  school  trustees  shall  by  or  before  the  first 
Monday  of  March  in  each  year,  prepare  and  file  with  the  city  clerk,  a  detail 
ed  estimate  of  the  necessary  expenses  of  conducting  the  schools  in  their 
wards  respectively  for  the  year  commencing  on  the  first  day  of  May  follow 
ing,  specifying  in  such  estimate,  the  amount  necessary  for  teachers'  wages, 
for  books,  for  maps,  and  other  school  apparatus,  for  fuel,  for  ordinary  repairs 
of  school  houses,  for  contingent  expenses^or  salary  of  librarian,  for  the  main' 
tenance  and  moderate  increase  of  the  libraries,  for  furniture,  for  deficiencie3 


364 

of  previous  appropriations.  The  board  of  education  shall  in  like  manner,  file 
with  the  city  clerk,  an  estimate  of  the  amounts  necessary  for  their  contingent 
expenses,  and  for  conducting  the  schools  for  colored  children,  evening  schools, 
and  academy  maintained  by  them,  specifying  the  branches  of  appropriations 
and  the  amounts  necessary  for  each  as  in  the  case  of  the  ward  schools. 

§  6.  The  city  clerk  shall  within  ten  days  after  the  period  named  in  the 
preceding  section  issue  notice  to  the  members  of ,  the  school  board  of  finance 
to  meet  at  an  appointed  time  and  place  within  ten  days  after  the  date  of 
his  notice.  The  school  board  of  finance  shall  accordingly  meet  and  consider 
the  estimates  submitted  to  them  as  hereinafter  provided,  adjourning  from 
time  to  time  as  they  may  see  fit ;  provided,  that  they  shall  make  a  final 
decision  respecting  said  estimates  previous  to  the  first  Monday  of  May.  The 
said  school  board  of  finance  shall  have  power  to  reduce,  reject,  or  increase 
the  sums  named  in  the  said  estimates  as  they  may  think  reasonable  and 
expedient ;  and  having  determined  upon  the  amount  necessary,  in  then*  opin 
ion,  for  the  proper  management  and  support  of  the  schools  in  each  ward,  they 
shall  file  a  statement  under  the  hands  of  their  president  and  clerk,  with  the 
trustees  thereof,  setting  forth  in  detail  said  necessary  amount,  and  the  par 
ticular  purposes  for  which  said  money  shall  be  used.  Having  determined 
upon  the  amount  necessary  for  the  propei'  management  and  support  of  the 
schools  for  colored  children,  the  evening  schools,  and  the  academy  maintain 
ed  by  the  board  of  education,  and  for  the  contingent  expenses  of  said  board, 
they  shall  file  a  statement  thereof,  similarly  detailed,  with  the  president  of  the 
board  of  education.  They  shall  also  file  duplicates  of  said  statements  with 
the  city  comptroller  and  city  treasurer. 

§  7.  The  gross  amount  of  money  which  the  said  school  board  of  finance 
shall  so  certify  to  be  necessary  for  school  purposes,  less  any  balance  of  pre 
vious  appropriations  for  such  purposes  remaining  unexpended  in  the  treasury 
and  the  amount  of  the  distributive  share  of  state  school  money  to  which  the 
said  city  shall  be  entitled,  and  including  a  sufficient  amount  to  entitle  the  city 
to  such  distributive  share,  shall  be  added  by  the  common  council  of  the  said 
city  to  the  amount  of  taxes  to  be  levied  by  them  for  the  year,  upon  the  real 
and  personal  property  of  the  city  ;  and  shall  be  paid  with  other  monies  raised 
by  tax,  to  the  city  treasurer.  The  treasurer  shall  disburse  the  same  only  by 
the  order  and  on  the  warrant  of  the  school  trustees  of  the  several  wards,  or 
of  the  board  of  education  by  its  president  and  clerk,  as  the  case  may  be, 
drawn  in  favor  of  the  person  entitled  to  payment,  and  specifiying  the  partic 
ular  purpose  to  which  the  money  is  to  be  applied.  The  treasurer  shall  honor 
such  drafts  only  so  far  as  the  specific  appropriations  by  the  school  board  of 
finance  shall  allow. 

§  8.  The  school  board  of  finance  shall  consist  of  the  mayor  of  the  city 
the  members  of  the  city  board  of  finance,  who  are  not  members  of  the  com 
mon  council  and  the  trustees  of  common  schools.  The  board  shall  choose  a 
president  from  its  own  number.  The  city  clerk  shall  be  the  clerk  of  said 
board,  and  shall  keep  a  faithful  record  of  its  proceedings,  entering  the  yeas 
and  nays  on  every  vote  upon  an  appropriation.  A  majority  of  the  school 
trustees,  with  a  majority  of  the  members  of  the  board,  shall  be  a  quorum 
for  the  transaction  of  business,  but  a  less  number  may  adjourn  from  time 
to  time. 

§  9.  When  the  purchase  of  real  estate,  or  the  erection  of  an  edifice  for 
school  or  academy  purposes  may  be  decided  by  the  board  of  education  to  be 
necessary,  they  shall  file  the  vote  by  which  such  decision  shall  have  been  made, 
including  an  estimate  of  the  extreme  amount  of  money  necessary  for  such 
purchase  or  erection,  with  the  city  clerk  who  shall  lay  the  same  at  its  next 
meeting  before  the  common  council  of  the  said  city.  If  said  common  coun 
cil  after  due  deliberation,  shall  also  determine  the  same  to  be  expedient,  the 
said  common  council  shall  lay  before  the  people,  at  the  next  election,  the 
question  whether  they  approve  of^the  proposed  erection  or  purchase  ;  and  if 
a  majority  of  the  ballots  cast  for  and  against  such  proposition  shall  prove  to 
be  in  fav  or  thereof,  the  said  common-  council  shall  take  measures  to  carry  the 


365 

same  into  effect.  And  for  this  purpose  the  said  common  council  shall  hate 
power  to  add  the  necessary  amount  to  the  annual  taxes,  provided  that  they 
may  at  their  discretion,  divide  such  amount  into  yearly  instalments,  and 
make  temporary  loans  in  anticipation  thereof. 

§  10.  The  title  of  the  property  now  held  by  the  several  school  districts 
of  the  town  of  Williamsburgh,  and  of  all  real  estate  and  buildings  purchased 
and  erected  under  this  act,  shall  vest  in  the  city  of  Williamsburgh  ;  and  -no 
such  property  shall  be  sold  or  otherwise  diverted  from  use  for  educational 
purposes,  without  the  recommendation  or  consent  of  the  board  of  education, 
In  case  of  such  sale  or  diversion,  the  value  of  such  property  shall  be  applied 
to  the  purchase  or  erection  of  other  property  for  educational  purposes,  or  to 
the  reduction  of  taxes  for  school  purposes,  as  may  be  recommended  by  the 
board  of  education. 

§11.  If  by  any  unforseen  casualty,  damage  shall  occur  to  the  buildings 
held  by  the  city  for  educational  purposes,  beyond  the  amount  properly  ap 
propriated  for  repairs  of  such  buildings,  the  common  council  shall  cause  such 
damage  to  be  repaired,  and  make  special  appropriations  therefor.  If  such 
damage  occur  by  fire,  and  is  covered  by  insurance,  the  treasurer  shall  collect 
the  insurance  ;  and  the  amount  appropriated  by  the  common  council  to  pay 
for  repairs  of  damage  to  buildings,  less  the  amount,  if  any,  received  on  account 
of  insurance  in  case  said  damage  occur  by  fire,  shall  be  added  by  the  common 
council  to  the  annual  taxes  next  to  be  levied  by  them. 

§  12.  The  city_  comptroller  shall  cause  to  be  and  keep  insured,  all  build 
ings  held  by  the  city  for  school  purposes,  for  a  sufficient  amount,  in  a  compa 
ny  or  companies  of  good  standing  ;  rfhd  the  expense  of  such  insurance,  if 
upon  a  ward  school  house,*  shall  be  paid  by  the  warrant  on  account  of  con 
tingent  expenses  of  the  school  trustees  of  the  ward  in  which  such  school 
house  is  situated  ;  and  if  upon  a  building  used  for  a  school  for  colored  chil 
dren,  or  for  an  academy,  by  the  warrant  on  same  account  of  the  board  of 
education. 

§  13.  The  office  of  superintendent  of  common  schools  for  the  town  of 
Williamsburgh,  is  hereby  abolished.  The  sums  to  which  the  schools  of  said 
city  shall  be  entitled  by  the  laws  of  this  state,  and  which  would  be  paid  to 
such  superintendent  for  distribution,  shall  be  paid  to  the  treasurer  of  the  city 
of  Williamsburgh. 

§  14.  The  president  of  the  board  of  education,  shall  make  frequent  vis 
itations  of  the  schools  and  academy,  if  such  there  be,  of  said  city,  reporting 
from  time  to  time  to  the  board  their  condition,  and  the  measures  necessary 
in  his  opinion,  to  improve  their  efficiency  and  usefulness. 

§  15.  The  common  schools  of  the  city  of  Williamsburgh,  shall  be  free  to 
all  children  of  said  city,  between  the  ages  of  five  and  sixteen  yeai  s  inclu 
sive  ;  provided,  that  a  separate  school  or  schools  for  colored  children  shall  be 
maintained  by  the  board  of  education.  The  said  board  shall  prescribe  the 
terms  of  admission  to  the  evening  schools  and  to  the  city  academy,  if  any 
shall  be  established  under  this  act  ;  but  they  shall  not  make  the  payment  of 
any  money  for  entrance  or  tuition  necessary  to  such  admission. 

«3  16.  The  office  of  district  clerk  is  hereby  abolished.  The  books  and 
papers  in  the  hands  of  the  clerks  of  the  several  school  districts  of  said  city 
at  -the  expiration  of  the  year  one  thousand  eight  hundred  and  fifty-one,  shall 
be  placed  in  the  hands  of  the  school  trustees  of  the  corresponding  wards. 
The  said  trustees  shall  keep  correct  records  of  their  proceedings,  and  have 
the  custody  of  all  the  papers  and  records  relating  to  their  several  wards, 
except  the  deeds  and  muniments  of  title  to  the  real  estate  held  for  school 
purposes,  which  shall  be  deposited  with  the  city  comptroller. 

§  17.  The  term  of  office  of  the  librarians  of  the  several  school  districts 
of  the  town  of  Williamsburgh,  shall  expire  on  the  first  Monday  in  January, 
one  thousand  eight  hundred  and  fifty-two  *  and  the  school  trustees  of  each 
ward  shall  annually  thereafter  appoint,  a  librarian.  The  said  trustees  shall 
continue  to  "maintain  a  public  library,  which  .shall  be  free  to  all  inhabitants 
of  the  ward  exercising  the  same  powers  in  regard  to  them  with  which  they 


>;;  n 


366 

are  now  by  law  invested.  The  public  money  designated  as  "library  money," 
shall  with  other  public  money  as  provided  by  section  thirteen  of  this  act  be 
paid  to  the  city  treasurer  ;  but  so  much  only  of  such  library  money  shall  be 
appropriated  to  the  purchase  of  library  books  or  school  apparatus  as  may  be 
required  by  the  trustees  of  the  several  wards  and  authorized  by  the  school 
board  of  finance  as  provided  in  section  five  and  section  six  of  this  act. 

§  18.  "fiie  monies  paid  or  payable  under  chapter  181,  laws  of  eighteen 
hundred  and  forty-four,  to  the  trustees  of  the  several  school  districts  of  the 
said  city  before  the  first  day  of  May,  eighteen  hundred  and  fifty-two,  shall 
continue  to  be  held  and  disbursed  by  them  until  that  time.  The  said  trus 
tees  shall  then  render  to  the  city  comptroller  a  full  and  correct  account  of 
their  receipts  and  disbursments  for  the  previous  year,  and  shall  pay  over  to 
the  city  treasurer  any  school  monies  remaining  in  their  hands. 

§  19.  The  common  council  of  the  city  of  Williamsburgh  shall  provide 
for  the  payment  of  loans  lawfully  made  by  the  several  school  districts,  so  far 
as  the  same  shall  not  be  paid  by  appropriations  made  previous  to  the  first 
day  of  May,  eighteen  hundred  and  fifty-two.  And  for  this  purpose  they 
shall  have  power  to  add  the  necessary  amount  to  the  annual  taxes  of  said 
city. 

§  20.  The  said  common  council  shall  have  power  to  borrow  money  tem 
porarily  in  anticipation  of  taxes  for  school  purposes  as  for  other  purposes. 

§  21.  The  board  of  assessors  for  said  city  for  the  year  eighteen  hundred 
and  fifty -two  shall  estimate  the  value  of  the  real  estate  of  said  city  held  for 
school  purposes  in  each  ward,  deducting"  therefrom  the  amount  of  indebted 
ness  due  or  chargeable  upon  such  property  on  the  first  day  of  May,  eighteen 
hundred  and  fifty-two,  and  shall  determine  the  ratio  which  said  value  bears 
to  the  whole  assessed  valuation  of  the  real  and  personal  property  in  such 
ward.  They  shall  file  with  the  city  comptroller  a  statement  of  such  value 
and  ratio  ;  and  if  such  ratio  shall  vary  in  the  several  wards,  the  common 
council  of  said  city  shall  gradually,  at  their  discretion,  so  discriminate  in  levy 
ing  the  taxes  upon  the  several  wards,  that  each  shall  as  near  as  may  be,  bear 
a  just  proportion  according  to  its  assessed  valuation  of  the  expenses  of  the 
property  already  purchased  and  erected  for  school  purposes. 

§  22.  The  board  of  education  shall  provide  for  taking  an  annual  census 
of  all  the  children  of  the  on  the  thirty -first  day  of  December  in  each 

year,  between  the  ages  of  five  and  sixteen  years  inclusive,  which  enumer 
ation  with  all  other  information  now  required  by  law  of  school  trustees  and 
town  superintendents,  they  shall  cause  to  be  forwarded  to  the  state  superin 
tendent  of  common  schools.  The  expense  of  such  enumeration  shall  be  paid 
by  their  warrant  out  of  monies  appropriated  to  their  use  for  contingent  ex 
penses. 

§  23.  For  the  purposes  of  all  acts  which  have  been  or  may  be  passed  by  the 
legislature  of  this  state,  providing  for  an  equal  division  of  public  money 
among  the  school  districts  of  this  state,  the  city  of  Williamsburgh  shall  be 
deemed  to  contain  as  many  school  districts  as  school  houses. 

§  24.  No  officer  elected  or  appointed  under  this  act  shall  receive  any; 
compensation  for  his  services,  except  the  librarian. 

§  25.  Chapter  181,  laws  of  eighteen  hundred  and  forty-four,  and  all  oth 
er  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act,  are  here 
by  repealed. 

§  26.  This  act  shall  take  effect  on  the  first  Monday  in  January,  eighteen 
hundred  and  fifty -two,  except  as  herein  otherwise  provided. 

WILLIAMSVILLE. 

[Laws  of  1646,  Chap.  119.] 

§  1.  The  trustees  of  the  school  district  at  the  village  of  Williamsville,  in 
the  town  of  Amherst  and  county  of  Erie,  are  hereby  authorized,  if  the  inhab 
itants  of  said  district  shall  at  any  regular  school  district  meeting  so  direct 
to  make  thereafter,  and  until  the  said  inhabitants  shall  in  like  manner  other- 


367 

wise  direct,  separate  and  distinct  rate  bills,  for  tlie  payment  of  the  wages  of 
the  teachers  in  the  primary  and  higher  department  of  the  schools  kept  in  the 
said  district,  in  such  manner  to  collect  on  account  of  scholars  attending  each 
department,  such  balance  as  may  be  justly  due  for  the  wages  of  the  teacher 
01-  teachers  in  that  department,  after  the  application  to  that  purpose  of  such 
share  of  the  public  moneys  as  shall  be  apportioned  to  each  department  by  such 
trustees,  by  giving  to  each  such  proportion  of  the  whole  sum  applicable  to 
the  payment  of  teachers'  wages  in  both  departments,  as  the  number  of  schol- 
lars  who  shall  have  attended  such  department  during  the  time  for  which  such 
rate  bill  is  to  be  made,  shall  bear  to  the  whole  number  of  scholars  attending 
both  of  such  departments  during  the  same  period. 

INDIAN  SCHOOLS. 

Laws  of  1846,  Chap.  114;  Laws  of  1847,  Chap.  238, 

AN  ACT  to  provide  for  the  education  of  children  of  the  Onondaga  Indians 
in  the  county  of  Onondaga,  and  the  children  of  the  other  Indians  residing 
in  this  state. 

Passed  April  30,  1846. 

The  People  of  the  State  of  New-York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1.  The  agent  of  the  Onondaga  Indians  in  the  county  of  Onondaga,  ap 
pointed  under  the  authority  of  this  state,  is  hereby  authorised,  with  the  con 
sent  of  the  chiefs  of  the  said  tribe  of  Onondaga  Indiana,  to  cause  to  be  built 
and  furnished  a  good  and  sufficient  school-house  on  the  Onondaga  reserva 
tion,  at  an  expense  not  exceeding  three  hundred  dollars,  for  the  accommoda 
tion  of  the  Indian  children  residing  on  such  reservation ;  and  to  organize  a 
school  therein,  and  the  sum  of  three  hundred  dollars  is  hereby  appropriated 
for  the  payment  of  the  expense  of  erecting  and  furnishing  said  school-house. 

§  2.  The  sum  of  two  hundred  and  fifty  dollars  annually  is  hereby  appro 
priated  for  the  term  of  five  years,  'for  the  payment  of  the  wages  of  a  teach 
er  or  teachers,  and  of  the  other  expenses  of  maintaining  such  school. 

§  5,  The  sums  appropriated  by  the  first  and  second  sections  of  this  act 
shall  be  paid  from  time  to  time  to  the  said  agent  of  the  Onondaga  Indians 
on  his  giving  to  the  people  of  this  state  and  filing  with  the  state  superinten 
dent  of  common  schools,  a  bond  with  satisfactory  sureties,  to  be  approved 
by  such  superintendent  conditioned  for  the  proper  and  faithful  expenditure 
of  all  moneys  paid  to  him,  or  which  shall  come  into  his  hands  by  virtue  of 
this  act,  and  for  the  rendering  to  such  superintendent  annually  in  the  month 
of  October,  a  just  and  true  account  of  all  his  receipts  and  expenditures,  under 
the  provisions  of  this  act. 

§  7.  The  sum  of  two  hundred  and  fifty  dollars  is  also  hereby  appropri 
ated  for  the  building  and  furnishing  a  school  house  on  the  lands  of  the  St. 
Regis  Indians,  in  this  state  ;  and  the  further  sum  of  two  hundred  dollars  per 
year,  for  the  term  of  five  years,  is  hereby  appropriated  for  the  payment  of 
wages  of  a  teacher  of  the  school,  to  be  kept  in  said  school  house,  and  for  the 
payment  of  the  other  expenses  of  said  school.  The  moneys  appropriated  by 
this  section  shall  be  paid  from  time  to  time  to  the  agent  of  the  said  St.  Regis 
Indians,  on  his  giving  to  the  people  of  this  state,  and  filing  with  the  state 
superintendent  of  common  schools,  a  bond  with  satisfactory  sureties,  to  be 
approved  by  such  superintendent,  conditioned  for  the  proper  and  faithful  ex 
penditure  within  this  state,  of  all  moneys  paid  to  him,  and  which  shall  come 
into  his  hands  by  virtue  of  this  act,  and  for  rendering  to  the  said  superin 
tendent  annually,  in  the  month  of  October,  a  just  and  true  account  of  all  his 
receipts  and  expenditures  by  virtue  of  this  act. 

§  8.  The  sums  hereby  appropriated  shall  be  paid  out  of  the  income  of 
the  United  States  deposit  fund ;  and  the  last  two  of  the  several  annual  pay 
ments  herein  provided  for,  shali  not  be  paid  for  the  Indians  residing  on  either 


368 

of  the  said  reservations,  unless  the  Indians  on  such  reservation  shall,  before 
such  payment  in  each  year,  pay  into  the  hands  of  the  persons  authorised  to 
receive  and  expend  the  moneys  appropriated  by  this  act,  at  least  twenty  per 
cent,  of  the  sum  authorised  to  be  paid  annually  for  the  maintenance  of  thft 
school  on  such  reservation ;  nor  shall  any  of  the  said  annual  payments  ex 
cept  the  first,  be  made  unless  the  state  superintendent  of  common  schools 
shall  have  satisfactory  evidence  that  a  school  has  been  kept  in  said  school 
house  for  the  term  of  at  least  six  months  during  the  preceding  year;,  such 
twenty  per  cent,  shall  be  expended  by  such  commissioner  for  the  support  and 
maintenance  of  the  school  or  schools  on  the  reservation,  occupied  by  the 
Indians  paying  the  same. 

§  9.  The  schools  organized  and  established  by  virtue  of  this  act,  shall  be 
subject  to  the  visitation  and  inspection  of  the  superintendent  of  common 
schools  of  the  town  and  county  where  the  same  shall  be  situated. 

AN  ACT  making  appropriations  for  building  and  furnishing  school  houses, 
and  providing  for  the  education  of  the  children  of  Indians,  residing  on  the 
Cattaraugus  and  Allegany  reservations. 

Passed  May  7,  1847,  "three-fifths  being  present." 

The  People  of  the  State  of  Neiv  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1.  The  sum  of  three  hundred  dollars  is  hereby  appropriated  for  the 
building  and  furnishing  a  school  house  on  the  Cattaragiis  reservation,  and  the 
like  sum  of  three  hundred  dollars  is  hereby  appropriated  for  the  building 
and  furnishing  a  school  house  on  the  Allegany  reservation ;  such  school  houses 
to  be  for  use,  accommodation  and  education  of  the  Indian  children  residing 
on  the  said  reservations. 

§  3.  The  sums  appropriated  by  this  act.  and  all  appropriations  made, 
or  that  hereafter  may  be  made  for  the  education  of  the  children  of  Indians 
residing  on  the  Cattaraugus  and  Allegany  reservations,  shall  be  paid  out  of 
the  income  of  the  United  States  deposite  fund,  to  Chester  How,  •  or  his  suc 
cessor,  on  his  executing  to  the  people  of  this  state,  and  filing  with  the  super 
intendent  of  common  schools,  a  bond  in  the  penalty  of  two  thousand  dollars, 
with  such  sureties  as  shall  be  approved  by  the  said  superintendent,  con 
ditioned  for  the  faithful  expenditure  of,  and  accounting  for  all  moneys  which 
shall  be  received  by  him  under  this  act ;  and  he  shall,  annually,  in  the  month 
of  October,  render  an  account  to  the  comptroller,  of  all  receipts  and  expen 
ditures  by  him. 

.  §  4.  The  appropriations  made  for  the  education  of  Indian  children  re* 
siding  on  said  reservations,  for  eighteen  hundred  and  forty-eight,  and  there 
after,  shall  not  be  expended  by  the  said  commissioner,  until  the  chiefs  of  the 
Indians  residing  on  said  reservations  shall  pay  to  the  said  commissioner, 
twenty  per  cent,  of  the  sums  so  appropriated,  respectively,  in  each  year,  to 
be  applied  by  him  to  the  maintenance  of  the  said  schools  ;  nor  shall  the 
sums  so  appropriated  be  paid  to  the  said  commissioner  unless  the  superin* 
tendent  of  common  schools  shall  have  satisfactory  evidence  that  schools 
have  been  kept  on  the  said  reservations,  respectively,  for  at  least  six  months 
during  the  preceding  year. 

§  5.  In  case  the  said  Chester  Howe  shall  decline  to  accept  the  trust  here* 
by  conferred,  or  to  execute  the  bond  hereby  required,  or  in  case  of  his  death, 
inability  or  resignation,  the  comptroller  of  this  state  may  appoint  some  fit 
and  proper  person  or  persons  to  supply  such  vacancy,  who,  upon  executing 
the  bond  herein  required,  shall  be  entitled  to  receive  and  expend  the  moneys 
hereby  appropriated,  and  shall  account  for  the  same  in  the  manner  and  upon 
the  conditions  herein  provided. 

§  6.  The  schools  established  under  this  act,  shall  be  subject  to  the  visitation 
end  inspection  of  the  county  and  town  superintendents  of  common  schools, 
of  the  county  and  town  in  which  they  shall  be  ^ept. 


[Chap,  164,  Laws  of  18S1,  Revived  by  Chap.  39,  Laws  of  1848.] 
AN  ACT  for  the  relief  of  the  Shinecock  tribe  of  Indians. 

Passed  April  19,  1831. 

§  1.  The  superintendent  of  common  schools  shall  in  every  year  hereafter 
apportion  from  school  moneys,  the  sum  of  eighty  dollars  in  addition  to  the 
amount  to  which  the  county  of  Suffolk  is  now  entitled  by  law ;  which  sum 
shall  be  paid  on  the  first  day  of  February  in  every  year  on  the  warrant  of 
the  comptroller  to  the  treasurer  of  said  county. 

§  2.  The  treasurer  of  said  county  shall  apply  for  and  receive  the  said 
sum  as  soon  as  the  same  becomes  payable,  and  shall  hold  the  same  subject 
to  the  order  of  the  town  superintendent  of  common  schools  of  the  town  of 
Southampton,  whose  duty  it  shall  be  to  receive  and  expend  the  same  in  the 
payment  of  the  wages  of  a  competent  school  teacher  or  teachers,  to  be  by 
them  employed  in  instructing  the  children  between  the  ages  of  five  and  six 
teen  years,  belonging  to  the  Shinecock  tribe  of  Indians  residing  in  said 
town. 

§  3.  The  said  town  superintendent  shall  hereafter  include  in  the  annual 
report,  a  statement  of  the  length  of  time  that  a  school  has  been  taught  in 
pursuance  of  this  act ;  the  number  of  children  taught  in  said  school ;  the 
manner  in  which  such  moneys  have  been  expended ;  and  whether  any  and 
how  much  remains  unexpended,  and  for  what  cause,  ana  shall  pay  such  bal 
ances  if  any,  to  their  successors  in  office,  to  be  by  them  expended  as  herein 
before  provided. 

[Laws  c/1851,  Chap.  243.] 

AN  ACT  to  provide  for  the  education  of  the  children  of  the  Tuscarora  In 
dians,  in  tJie  county  of  Niagara. 
Passed  June  20,  1851,  "three-fifths  being  present." 

The  People  of  the  State  of  Neva- York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1.  The  sum  of  two  hundred  dollars  a  year,  for  the  term  of  two  years  is 
hereby  appropriated  for  the  support  of  a  school  or  schools  to  be  kept  for  -the 
education  of  the  children  of  the  Tuscarora  Indians,  on  the  Tuscarora  Reser 
vation,  in  the  county  of  Niagara. 

§  2.  The  sum  appropriated  by  first  section  of  this  act  shall  be  paid  by  the 
treasurer  on  the  warrant  of  the  Comptroller,  as  the  same  may  from  time  to 
time  be  wanted,  out  of  the  income  of  the  United  States  Deposite  Fund  to 
William  Mount  Pleasant,  on  his  executing  and  giving  to  the  people  of  this 
State  and  filing  with  the  Superintendent  of  common  schools  a  bond  with 
satisfactory  sureties,  to  be  approved  by  the  county  Judge  of  the  county  of' 
Niagara,  by  an  endorsement  of  such  approval  upon  said  bond,  conditioned 
for  the  faithful  expenditure  of  all  moneys  paid  to  him,  or  which  shall  come 
into  his  hands  by  virtue  of  this  act  and  for  rendering  to  said  superintenden 
annually  in  the  month  of  October,  a  just  and  true  account  of  all  his  receipts 
and  disbursements  by  virtue  of  this  act. 

§  $.  It  shall  be  the  duty  of  the  said  William  Mount  Pleasant  to  whom 
the  money  is  from  time  to  time  paid  by  virtue  of  this  act,  to  expend  the  same 
in  the  payment  of  teachers  for  the  education  of  the  children  of  the  Indians 
on  the  Reservation  aforesaid. 

[Laws  of  1851,  Chap.  361.] 

AN  ACT  to  provide  for  the  education  of  the  children  of  the  Tonawandd  In 
dians  in  the  county  of  Gcncsee. 

Passed  July  1,  1851.  "by  a  two-third  vote." 

The  People  of  the  State  of  New  York  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1.  The  sum  of  two  hundred  dollars  a  year,for  two  years,  is  hereby  appro 
priated  for  the  support  of  a  school  or  schools  to  be  kept  for  the  education  of 


370 

the  children  of  the  Tonawanda  Indians,  on  the  Tonawanda  reservation,  in 
the  county  of  Genesee. 

§  2.  The  sum  appropriated  by  the  first  section  of  this  act  shall  be  paid  by  the 
treasurer,  on  the  warrant  of  the  comptroller,  as  the  same  may  from  time  to 
time  be  wanted,  out  of  the  income  of  the  United  States  deposite  fund,  to 
"William  Parker,  on  his  executing  and  giving  to  the  people  of  this  state  and 
filing  with  the  superintendent  of  common  schools  a  bond  with  satisfactory 
sureties,  to  be  approved  by  the  county  judge,  of  the  county  of  Geuesee, 
by  an  endorsement  of  such  approval  upon  said  bond,  conditioned  for  the 
faithful  expenditure  of  all  moneys  paid  to  him,  or  which  shall  come  into  his 
hands  by  virtue  of  this  act,  and  for  rendering  to  said  superintendent  annu 
ally,  of  the  month  of  October,  a  jj^st  and  true  account  of  all  his  receipts  and 
disbursements  by  virtue  of  this  act. 

§  3.  It  shall  be  the  duty  of  the  said  William  Parker,  to  whom  the  mon 
ey  is  from  time  to  time  paid  by  virtue  of  this  act,  to  expend  the  same  in  the 
payment  of  teachers  for  the  education  of  the  children  of  the  Indians  on  the 
reservation  aforesaid. 

§  4.     This  act  shall  take  effect  immediately. 

DISTRICT  SCHOOL  JOURNAL. 

[Laws  of  1841  Chap.  260,  as  amended  by  §  17  of  Chap.  132,  Laws  of  1843.] 

§  32.  The  superintendent  of  common  schools,  from  year  to  year,  shall  be 
authorised  to  subscribe  for  so  many  copies  of  any  periodical  published  at 
least  monthly  in  this  state,  exclusively  devoted  to  the  cause  of  education, 
and  not  partaking  of  a  sectarian  or  party  character,  as  shall  be  sufficient  to 
supply  one  copy  to  each  organized  school  district  in  the  state  ;  in  which  pe 
riodical,  the  statutes  relating  to  common  schools,  passed  at  the  present,  or 
any  future  session  of  the  Legislature,  and  the  general  regulations  and  decis 
ions  of  the  superintendent  made  pursuant  to  any  law,  shall  be  published 
gratuituously.  The  said  periodical  shall  be  sent  to  the  clerk  of  each  dis 
trict,  whose  duty  it  shall  be  to  cause  each  volume  to  be  bound,  at  the  ex 
pense  of  the  district,  and  the  same  shall  be  preserved  in  the  district  library 
for  the  use  of  the  district.  The  expense  of  said  subscription,  not  exceeding 
twenty-eight  hundred  dollars  annually,  shall  be  paid  out  of  the  surplus  in 
come  arising  from  the  moneys  deposited  with  this  state,  by  the  United 
States. 

STATE  NORMAL  SCHOOL. 

[Laws  of  1844,  Chap.  311.] 

AN  ACT  for  the  establishment  of  a  Normal  School. 

Passed  May  7,  1844. 

The  People  of  the  State  of  New  York  represented  in  Senate  and  Assembly 
do  enact  as  follows  : 

§  1.  The  treasurer  shall  pay  on  the  warrant  of  the  comptroller,  to  the 
order  of  the  superintendent  of  common  schools  from  that  portion  of  the 
avails  of  the  literature  fund  appropriated  by  chapter  two  hundred  and  forty 
one  of  the  laws_  of  one  thousand  eight  hundred  and  thirty-four,  to  the  sup 
port  of  academical  departments  for  the  instruction  of  teachers  of  common 
schools,  the  sum  of  nine  thousand  six  hundred  dollars  ;  which  sum  shall  be 
expended  under  the  direction  of  the  superintendent  of  common  schools,  and 
the  regents  of  ^the  university,  in  the  establishment  and  support  of  a  normal 
.school  for  the  instruction  and  practice  of  teachers  of  common  schools  in  the 
science  of  education  and  in  the  art  of  teaching,  to  be  located  in  the  county 
of  Albany. 


371 

§  2.  The  sum  of  ten  thousand  dollars  shall,  after  the  present  year,  be 
annually  paid  by  the  treasurer  on  the  warrant  of  the  comptroller,  to  the 
superintendent  of  common  schools,  from  the  revenue  of  the  literature  fund, 
for  the  maintenance  and  support  of  the  school  so  established,  for  five  years, 
and  until  otherwise  directed  by  law. 

§  3.  The  said  school  shall  be  under  the  supervision,  management  and 
government  of  the  superintendent  of  common  schools  and  the  regents  of  the 
university.  The  said  superintendent  and  regents  shall  from  time  to  time, 
make  aH^needful  rules  and  regulations,  to  fix  the  number  and  compensation 
of  teachers  and  others  to  be  employed  thereto,  to  prescribe  the  preliminary  ex 
amination  and  the  terms  and  conditions  on  which  pupils  shall  be  received  and 
instructed  therein,  the  number  of  pupils  from  the  respective  cities  and  coun 
ties,  conforming  as  nearly  as  may  be  to  the  ratio  of  population,  to  fix  the  lo 
cation  of  the  said  school,  and  the  terms  and  conditions  on  which  the  grounds 
and  buildings  therefor  shall  be  rented,  if  the  same  shall  not  be  provided  by 
the  corporation  of  the  city  of  Albany,  and  to  provide  in  all  things  for  the 
good  government  and  management  of  the  said  school.  They  shall  appoint  a 
board  consisting  of  five  persons,  of  whom  the  said  superintendent  shall  be 
one,  who  shall  constitute  an  executive  committee  for  the  care,  management 
and  government  of  the  said  school  under  the  rules  and  regulations  prescrib 
ed  as  aforesaid,  whose  duty  it  shall  be  from  time  to  time  to  make  full  and 
detailed  reports  to  the  said  superintendent  and  regents,  and  among  other 
things  to  recommend  the  rules  and  regulations  which  they  deem  necessary 
and  proper  for  the  said  school. 

§  4.  The  superintendent  and  regents  shall  annually  transmit  to  the  legis 
lature  a  full  account  of  their  proceedings  and  expenditures  of  money  under 
this  act,  together  with  a  detailed  report  by  said  executive  committee  of  the 
progress,  condition  and  prospects  of  the  school. 

[Laws  of  1850,  Chap.  89.] 

§  1.  The  treasurer  shall  pay  on  the  warrant  of  the  comptroller  to  the 
order  of  the  state  superintendent  of  common  schools,  from  the  general  fund, 
a  sum  not  exceeding  one  thousand  dollars  per  year  for  the  support  and  edu 
cation  of  ten  Indian  youth  in  the  State  Normal  School. 

§  2.  The  selection  of  such  youth  shall  be  made  by  the  state  superinten 
dent  of  common  schools  from  the.  several  Indian  tribes  located  within  the 
state  ;  and  in  making  such  selection,  due  regard  shall  be  had  to  a  just  par 
ticipation  in  the  privileges  of  this  act  by  each  of  the  said  several  tribes,  and 
if  practicable,  reference  shall  also  be  had  to  the  population  of  each  of  said 
tribes  in  determining  such  selection. 

§  3.  Such  youths  shall  not  be  under  sixteen  years  of  age,  nor  shall  any  of 
such  youths  be  supported  or  educated  at  said  Normal  School  for  a  period  ex 
ceeding  three  years. 

§  4.  The  executive  committee  of  the  State  Normal  School  shall  be  the 
guardians  of  such  Indian  youths,  during  the  period  of  their  connection  with 
the  school,  and  shall  pay  their  necessary  expenses,  not  exceeding  one  hundred 
dollars  per  year  for  each  pupil  to  be  defrayed  out  of  the  money  appropri 
ated  by  the  first  section  of  this  act. 

§  5.  The  Indian  pupils  selected  in  pursuance  of  this  act,  and  attending 
said  Normal  School,  shall  enjoy  the  same  privileges  of  every  kind,  as  the 
other  pupils  attending  said  school,  including  the  payment  of  travelling  ex 
penses,  not  exceeding  ten  dollars  to  each  pupil. 


372 
TEACHERS'   INSTITUTES. 

[Laws  of  1847,  Chap.  361.] 
AN  ACT  for  the  establishment  of  teachers'  institutes. 

Passed  November  13,  1847,   "three-fifths  being  present." 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1.  The  treasurer  shall  pay,  on  the  warrant  of  the  comptroller,  to  the 
order  of  the  several  county  treasurers  of  this  state,  the  several  sums  of  mon 
ey  hereinafter  ^tientioned,  not  exceeding  sixty  dollars  annually  to  any  one 
county,  from  the  income  of  the  United  States  deposite  fund,  to  be  expended 
for  the  use  and  benefit  of  teachers'  institutes  as  hereinafter  provided. 

§  2.  Whenever  a  majority  of  town  superintendents  of  common  schools 
in  any  county  hi  this  state  unite  in  a  recommendation,  and  file  with  the 
county  clerk  thereof  a  certificate,  signifying  their  desire  that  a  teacher's  in 
stitute  should  be  organized  in  such  county,  for  the  instruction  and  improve 
ment  of  common  school  teachers  for  such  county,  it  shall  thereupon  be  the 
duty  of  such  clerk  forthwith  to  appoint  three  town  superintendents  of  the 
county,  and  notify  them  of  their  appointment,  to  constitute  an  advisory  com 
mittee,  to  make  the  necessary  arrangements  for  organizing  and  managing 
such  institute,  and  such  clerk  shall  also  immediately  give  such  public  notice 
in  such  manner  as  he  may  deem  most  proper  to  the  teachers  of  common 
schools  of  the  county,  and  to  others  who  may  desire  to  become  such,  specify 
ing  a  time  and  place  when  and  where  the  teachers  may  meet  and  form  such 
institute. 

§  3.  Whenever  any  institute  shall  have  been  organized  as  herein  provid 
ed,  it  shall  be  the  duty  of  said  committee,  and  they  shall  have  power  to  se 
cure  two  or  more  suitable  persons  to  lecture  before  such  institute  upon  sub 
jects  pertaining  to  common  school  teaching  and  discipline,  and  various  edu 
cational  subjects  which  may  be  deemed  calculated  to  qualify  common  school 
teachers,  and  to  elevate  the  profession  of  teaching  and  to  improve  common 
schools ;  and  said  committee  shall  keep  an  accurate  account  in  items,  of  the 
necessary  expenses  of  such  institute  in  procuring  said  lecturers,  and  other 
wise,  and  shall  verify  said  account  by  affidavit,  and  deliver  the  same  to  the 
county  treasurer,  to  be  audited  by  and  filed  with  him  when  application  shall 
be  made  to  such  treasurer,  as  hereinafter  provided. 

§  4.  Whenever  any  county  treasurer  shall  receive  satisfactory  evidence 
that  not  less  than  fifty,  or  in  counties  of  under  thirty  thousand  population, 
then  not  less  than  thirty  teachers  and  individuals  intending  to  become  teach 
ers  of  common  schools  within  one  year,  shall  have  been  in  regular  attendance 
on  the  instructions  and  lectures  of  the  institute  in  the  county  during  at  least 
ten  working  days,  he  shall  audit  and  allow  the  account  which  shall  be  pre 
sented  to  him  by  the  committee  as  aforesaid,  and  shall  pay  over  to  said  com 
mittee  the  amount  so  audited  and  allowed,  not  exceeding  sixty  dollars  in 
any  one  year,  to  be  disbursed  by  said  committee  in  paying  the  expenses  in 
curred  by  the  institute  as  aforesaid. 

§  5.     Every  such  committee  shall  annually  transmit  to  the  state  superin 
tendent  of  common  schools,  a  catalogue  of  the  names  of  all  persons  who 
shall  have  attended  such  institute,  with  such  other  statistical  information  and 
within  such  time  as  may  be  prescribed  by  said  state  superintendent. 
§  6.     This  act  shall  take  effect  immediately. 


373 

i 

LIBRARY  MONEYS. 

[Laws  of  1851.     Chap.  425.] 

AN"  ACT  to  amend  the  act  entitled,  "An  act  to  establish  free  schools  through 
out  the  State" 

Passed  July  9,  1851. 

The  People  of  the  State  of  New- York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

§  1.  The  Act  entitled,  "An  act  to  establish  free  schools  throughout  the 
State,"  passed  April  12,  1851,  shall  not  be  so  construed  as  to  prevent  or  pro 
hibit  the  distribution  and  application  of  library  money,  in  the  manner  hereto 
fore  prescribed  by  law. 

§  2.  Nothing  in  this  act  contained,  shall  be  .so  construed  as  to  require  the 
board  of  supervisors  of  each  county,  to  raise  a  sum  of  money  for  library  pur 
poses,  equal  to  the  sum  which  it  will  receive  from  the  state. 

§  3.    This  act  shall  take  effect  immediately. 

WEBSTER'S    DICTIONARY. 

[Laws  of  1851.     Chap.  449.] 

AN  ACT  to  authorize  the  Superintendent  of  Common  Schools  to  purchase 
Webster's  Unabridged  Dictionary  for  the  Common  School  Districts  of 
this  State. 

Passed  July  9,  1861. 

The  People  of  the  State  of  New-  York,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

§  1.  The  state  superintendent  of  common  schools  shall  cause  notice  to  be 
given,  by  circular,  to  one  or  more  of  the  trustees  of  the  several  school  districts 
in  this  state,  on  or  before  the  first  day  of  December  next,  which  circular  shall 
state  the  terms,  and  the  funds  out  of  which  the  same  is  to  be  paid ;  that  Web- 
sters  Unabridged  Dictionary  will  be  purchased  by  him,  for  each  of  the  school 
districts  in  this  state,  entitled  to  participate  in  the  distribution  of  public  mon 
eys  for  the  support  of  common  schools :  provided  such  district  shall  notify  the 
town  superintendent  of  common  schools  of  their  respective  towns,  in  writing, 
to  be  signed  by  a  majority  of  the  trustees  of  any  school  district  that  said  Dic 
tionary  is  wanted  by  the  district  giving  such  notice  :  such  notice  to  be  deliver 
ed  to  such  town  superintendent  before  the  first  day  of  January  next. 

§  2.'  The  town  superintendent  of  common  schools  in  each  of  the  towns  in 
this  state,  shall,  on  or  before  the  fifteenth  day  of  January  next,  make  out  and 
deliver  to  the  county  clerk,  a  complete  list  of  all  the  school  districts  in  their 
several  towns  :  stating  the  number  of  such  districts,  and  shall  annex  to  the 
number  of  each  desiring  to  purchase  Webster's  Unabridged  Dictionary,  that 
such  district  desires  to  purchase  said  dictionary,  and  shall  file  a  copy  of  such 
list  in  the  office  of  the  t<.,wn  clerk  of  their  respective  towns,  on  or  before  the 
fifteenth  day  of  January  next. 

§  3.  The  county  clerk  of  each  of  the  several  counties  of  this  State,  shall 
transmit  such  lists  on  or  before  the  first  day  of  February  next,  to  the  state 
superintendent  of  common  schools. 

§  4.  The  state  superintendent  of  common  schools  is  authorized  to  pur 
chase  of  the  publishers  of  Webster's  Quarto  Unabridged  Dictionary,  such 
number  of  said  work  as  shall  be  sufficient  to  supply  all  the  said  school  dis 
tricts  in  the  state  which  shall  be  found  reported  upon  such  lists  as  desire  to 
purchase  the  same ;  such  Dictionaries  shall  be  the  latest  edition  of  Web 
ster's  Quarto  Unabridged  Dictionary,  print  ed  on  superior  paper,  well  bound 


374 

in  leather,  and  in  all  respects  perfect ;  the  price  to  be  paid  shall  not  exceed 
four  dollars  per  volome ;  and  shall  be  paid  for  out  of  the  public  monies  which 
shall  be  apportioned  to  the  several  school  districts  of  the  state  for  which  the 
same  shall  be  purchased,  one  half  thereof  in  the  year  1852  and  one  half 
thereof  in  the  year  1853,  and  the  contract  for  such  purchase  of  the  said  pub 
lishers  shall  provide  for  such  terms  of  payment,  and  the  number  of  Diction 
aries  so  purchased  shall  be  delivered  to  the  state  superintendent  of  common 
schools,  before  the  first  day  of  April,  1852,  and  shall  be  by  him  delivered  to 
the  town  superintendent  of  common  schools  of  the  respective  towns,  before 
the  first  day  of  May,  1852. 

§  5.  The  said  town  superintendent  shall  deliver  such  Dictionary  to  the 
trustees  of  each  of  the  said  several  districts  in  their  respective  towns  for 
which  they  shall  be  purchased  as  soon  thereafter  as  shall  be  practicable,  and 
shall  retain  in  his  hands  the  sum  of  two  dollars  out  of  the  library  monies 
apportioned  to  such  districts  in  the  year  eighteen  hundred  and  fifty-two,  and 
such  sum  out  of  the  library  monies,  to  be  apportioned  to  such  district  in  the 
year  eighteen  hundred  and  fifty-three,  as  shall  be  sufficient  to  pay  the  balance 
of  the  purchase  price  of  such  Dictionary,  not  exceeding  the  sum  of  two  dol 
lars,  and  shall  deposite  the  same  immediately  thereafter  with  the  treasurer 
of  their  respective  counties,  and  take  a  receipt  for  the  same  and  deliver  such 
receipt  to  the  county  clerk  of  their  respective  counties,  to  be  forwarded  by 
such  county  clerk  to  the  state  superintendent  of  common  schools. 

§  6.  The  monies  so  deposited  with  the  treasurers  of  the  respective  coun 
ties  shall  be  subject  to  the  order  of  the  state  superintendent  of  common 
schools,  and  shall  be  by  him  received  and  paid  to  the  publishers  of  said  Dic 
tionaries  upon  his  contract  for  the  same. 

§  7.  Such  dictionary  shall  be  kept  in  the  libraries  of  the  librarians  of 
the  several  school  districts  of  this  state,  during  the  time  there  shall  be  no 
school  taught  in  said  district,  and  subject  to  the  same  rules  that  are  applicable 
to  other  books  in  school  district  libraries  ;  and  during  the  time  a  school  shall 
be  taught  therein  the  said  dictionary  shall  be  under  the  control  of  the  teach 
er  for  the  time  being,  and  be  kept  and  used  in  said  school. 

PROCEEDINGS  OF  SCHOOL  DISTRICTS  UNDER  ACT 

OF  1849. 

[Laws  0/1851.     Chap.  500.] 

AN  ACT  to  legalize  the  acts   of  the  several  School  Districts  of  the  State, 
providing  for  the  support  of  Common  Schools. 

Passed  July  10,  1851. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly 
do  enact  as  folloivs  : 

§  1  All  the  acts  of  the  several  school  districts  of  this  state,  providing  for  the 
raising  of  moneys  by  tax,  for  the  support  of  common  schools  therein,  during 
the  years,  one  thousand  eight  hundred  and  forty-nine,  one  thousand  eight  hun 
dred  and  fifty,  and  prior  to  the  first  day  of  May,  one  thousand  eight  hundred 
and  fifty-one  ;  and  all  the  acts  of  the  trustees  of  said  districts,  providing  for 
the  raising  of  moneys  by  tax,  for  the  support  of  common  schools  in  said  dis 
tricts,  for  the  term  of  four  months  during  each  of  said  years,  prior  to  the  first 
day  of  May,  1851,  so  far  as  the  same  are  in  accordance  with  the  act  of  March 
26,  1849,  entitled  "An act  establishing  free  schools  throughout  the  state,"  and 
the  acts  amendatory  thereof,  are  hereby  declared  legal  and  valid. 

§  2.  Nothing  in  this  act  shall  be  construed  to  affect  any  suits  which  have 
been  commenced  against  ai*y  trustee,  or  other  officers  of  said  districts,  during 
said  years,  nor  affect  or  impair  any  rights  of  action  now  existing. 

§  3.    This  act  shall  take  effect  immediately. 


375 
ERRATUM. 


Page  342,  Paragraph  VII  "  Annual  Report  of  Trustees,"  in  the  4th  line 
substitute  "§  116,  (No.  186")  for  "§  115,  (No.  137.") 

In  Subdivisions  3  and  4»of  same  head  strike  out  the  words  "  the  name  and 
age  of  each  child,"  so  as  to  make  the  same  conformable  to  the  lawat  page 
122. 


TO  TRUSTEES  AND  TOWN  SUPERINTENDENTS. 


This  volume  is  to  be  regarded  as  the  property  of  the  district  or 
town  to  which  it  is  sent,  and  of  the  Trustees  or  Town  Superintend 
ent,  ^  their  official  capacity  :  and  is  to  be  delivered,  at  the  expi 
ration  of  their  official  term,  to  their  successors  in  office.  When  not 
required  for  present  use  by  the  trustees,  it  should  be  deposited  with 
the  District  Clerk. 


THE  END. 


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.,..; „. 

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INDEX, 


A. 

ACADEMY. 

Children  attending,  where  to  be  enumerated  by  trustees  of  districts,          243. 

ACCOUNT  BOOKS. 

For  receipts  and  disbursements  of  trustees,  and  property  of  districts, 

when  and  how  to  be  procured 120,  199. 

ADMINISTRATORS.— See  Executors  and  Administrators. 
AGENT. 

Land  occupied  by,  when  taxable  to  non-resident  owner, 212. 

ALBANY,  City  of, 

Laws  respecting  common  schools  in, 279. 

ALIENS. 

Qualifications  of,  as  voters  at  school  district  meetings, 110,  193. 

ALLEGANY  AND  CATTARAUGUS  RESERVATIONS. 

Act  to  provide  for  the  education  of  Indian  children  on, 368. 

ALTERATION  OF  SCHOOL  DISTRICTS— See  School  Districts. 

When  to  take  effect,  when  made  without  consent  of  trustees, 108.  143. 

Not  to  be  made  to  take  effect  between  the  1st  of  Dec.  and  May,....  108,  143. 
Consent  of  trustees  to,  when  and  how  to  be  given  and  notice  to,  108,  143,  144. 

General  principles  applicable  to, 148. 

In  joint  school  districts,  how  to  be  made, 108,  146,  147,  148,  183,  184. 

AMHERST.— See  Williamsville. 

ANNUAL  MEETINGS. 

Time  and  place  of  holding,  when  and  how  to  be  fixed,...  Ill,  112,  178,  179. 

Special  annual  meeting,  when  to  be  held, 111,112,178,201. 

Proceedings  of  not  to  be  invalidated  by  want  of  due  notice  &c... .   112,  179. 

Notice  of  time  and  place  of  to  be  given  by  district  clerk, 115,  178,  258. 

"When  notice  of  to  be  given  by  trustees, 115,178. 

When  notice  may  be  given  by  inhabitants, Ill,  112,  201,  178. 

Adjournment  of  when  authorized, 179. 

Form  of  notice  for, 258,  259. 


377 

Page. 

ANNUAL  REPORTS. 

Of  the  state  superintendent,  what  to  contain, 96. 

Of  town  superintendents,  when  to  be  made  and  what  to  con 
tain,  104,  105,  164  to  166,  174. 

Of  trustees  of  districts  to  be  recorded  by  district  clerk, 114. 

Of  trustees,  when  to  be  made  and  what  to  contain,  122,  123,  242,  243  to  248. 

Of  county  clerk,  when  to  be  made  and  what  to  contain 127. 

When  to  be  returned  to  trustees,  by   town  superintendents,  for 

correction, 154. 

ANNULMENT  OF  DISTRICTS. 

Proceedings  of  town  superintendent  on,  and  disposition  of  district 

property  and  monies 109,  145,  146. 

APPARATUS.— See  School  Apparatus. 
APPEALS. 

When  authorized  to  be  made  to  state  superintendent, 124. 

Town  superintendents  to  furnish  answers  to, 169. 

Regulations  respecting, 274  to  278. 

APPENDAGES  TO  SCHOOL  HOUSES. 

Taxes  for,  how  and  when  to  b.e  levied, 111. 

Trustees  to  furnish  from  funds  raised  for  that  purpose, 115. 

Wood-house,  fence  and  bell  may  be  procured  by  tax, 190. 

APPORTIONMENT  OF  PROPERTY. 

On  annulment  of  school  districts,  when  and  how  to  be  made, 109,  146. 

APPORTIONMENT  OF  SCHOOL  MONEY. 

By  state  superintendent,  how  and  when  to  be  made,  92,  97,  98,  103,  139,  140. 

On  the  division  of  towns,  or  erection  of  new  towns, 98,  99. 

To  be  certified  to  comptroller  and  notice  to  county  clerks, 99. 

By    Town    Superintendents,    how    and    when    to    be 

made, 92,93,98,  102,  103,  149  to  154. 

Notice  of   to  be  filed  by  county  clerk  an%  certified  to   county 

treasurer  and  board  of  supervisors.... 100. 

On  the  alteration  or  division  of  districts  subsequent  to  the  date  of 

their  annual  report, ...., 103,  104. 

On  the  formation  of  districts  previous  to  the  date  of  such  report,...  104. 

ASSESSMENT  AND  COLLECTION  OF  TAXES.— See  Taxes, 

Tax-lists,  Trustees  of  School  Districts. 

General  provisions  respecting, 117,  118,  119,  201  to  219. 

•Proceeding  for  equalization  of  in  joint  districts, 113. 

Valuations  of  taxable  property,  how  ascertained, 119,  209  to  215. 

Proceedings  on  claim  for  reduction,  and  when  valuation  cannot  be 

ascertained  from  last  assessment  roll  of  town, 119,  209,  210  to  212. 

ASSESSMENT  ROLL  OF  TOWN. 

Proceedings  for  the  equalization  of,  in  joint  districts, —  113. 

Valuations  of  taxable  property,  to  be  ascertained  from,  119,  209,  210,  212,  213. 
Errors  in,  when  and  how  to  be  corrected  by  trustees  in  assessment 

of  district  tax, 212. 

In  joint  districts,  valuations  how  to  be  ascertained  from........ 212* 


378 

Page. 

AUBURN,  City  of. 

Laws  respecting  common  schools  in, 281. 

AUTHENTICATIONS. 

Of  papers  filed  with  state  superintendent  and  of  acts  and  deci 
sions  of, 97. 

AYES  AND  NOES. 

To  be  taken  on  vote  to  levy  tax  for  building  school  house  by  in 
stalments, 112. 

On  change  of  site  of  unaltered  district,..., .,. 113>  168. 

Form  of  list  of  voters  for  use  of  district  clerk, 191. 


B. 

ITl  A 

BANKS  AND  BANKING  ASSOCIATIONS. 

Liability  of  to  taxation  for  school  district  purposes 207. 

BELL. 

Tax  may  be  voted  for,  by  inhabitants  of  districts, 190. 

BLACK  BOARDS. 

Taxes  authorized  to  be  levied  for  purchase  of. 1 1 1 ,  1 80. 

"When  library  money  may  be  applied  to  purchase  of, 125,  182. 

BLANK  BOOK. 

For  recording  proceedings  of  districts,  how  &  when  to  be  purchased,  111. 

For  receipts  and  disbursements  of  trustees,  property  of  district 

and  teachers'  lists, '.. . .   120,  199,  231. 

BOARD. 

Of  teachers,  how  to  be  provided  for, 222,  223. 

BOARD  OF  SUPERVISORS. 

Duty  of  in  assessment  and  collection  of  state  tax, 92,  97,  139. 

Clerk  of  to  transmit  to  state  suprintendent,  certificate  of  proceed-. 

ings  of, "h'vj-ii        "' 

Clerk  of  to  lay  copy  of  notice  of  apportioning  of  school  money  before,  100. 

Duty  of  on  return  by  trustees  of  taxes  on  non-resident  property 

in  school  districts, 118,  119. 

To  audit,  allow  and  certify  accounts  for  costs  and  expenses  of  suits 

brought  by  or  against  trustees  and  other  officers  of  school  districts,  129. 

BRIDGE  COMPANIES, 

_  .  .  ,1     ......  ...    .    nl  o 

Liability  of  to  taxation  for  district  purposes, 

Toll  house  and  gate  of,  including  lot,  how  taxable, 214. 

BROOKLYN,  City  of. 

Laws  respecting  common  schools  in, 286- 

BUFFALO,  City  of. 

T  V  IT-  9RQ 

Laws  respecting  common  schools  in, ^0"- 

BUSHWICK,  Town  of. 

,    .  _„.. 

Aet  to  provide  for  free   schools  in, 291. 

k> 
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379 

Z,c  .;,;;j^ ;:  c.     3S!2S^:r': 

CATALOGUE. 

Of  books  in  district  libraries,  when  and  how  to  be  furnished  by 

trustees, 151,  154,  200,  265. 

.CATTARAUGUS  AND  ALLEGANY  RESERVATIONS. 

Act  to  provide  for  the  education  of  Indian  children  residing  in,... .  368. 

CERTIFICATES  OF  QUALIFICATION. 

By  state  superintendent,  in  what  cases  to  be  granted 96. 

Powers  and  duties  of  town  superiullndents  in  granting  and  an 
nulling, 107, 108,  154  to  160. 

To  teachers  in  joint  districts,  by  whom  to  be  granted  and  an 
nulled, 107,  155,  158. 

Form  of/and  of  instrument  for  annulment  of, 174. 

CHALLENGES. 

Of  votes  in  district  meetings,  when  and  by  whom  to  be  raadej.iWi'yf  ;       110. 

Declaration  to  be  made,  effect  of,  and  penalty  for  false  declaration-,         •"llO. 

CHAMBERLAIN  of  the  City  of  New- York.' 

Share  of  school  money  to  be  paid  over  to, 100. 

Duty  of  in  applying  for  and  receiving  the  same, .U'Jll"  ''       100. 

CHILDREN. 

Enumeration  of  by  trustees  in  annual  report, 122, 123,  243,  244. 

Entitled  to  attend  the  schools  of  the  district  in  which  enumerated,  123,  232. 

Rooms  to  be  hired,  temporarily,   for   accommodation   of,   when 
necessary,. ^. 123,  221. 

Of  non-residents,  when  to  be  admitted  into  district  school, 92,  128,138. 

Attending  an  academy,  where  to  be  enumerated, .Uyil'&.itt' :u;      248- 

CLERK  OF  BOARD  OF  SUPERVISORS. 

To  transmit  to  state  superintendent  copies  of  proceedings  of  Board 

relative  to  school  moneys, 99. 

To  lay  before  Board,  copy  of  notice  of  apportionment  from  coun-  : 

ty  Clerk,...., '-....t.MW-  '       100. 

CLYDE  HIGH  SCHOOL. 

Act  respecting, ....:.'.,^r^U^CJ,^.^  -      292. 

COHOES,  Village  of. 

Act  to  establish  free  schools  in, .....;  293. 

COLLECTOR.— See  District  Collector. 

COLORED  CHILDREN. 

Schools  for,  when  and  how  to  be  established,  and  provision  for 

support  of, 130,  131,  152,  230,  255,  256. 

COMMON  SCHOOL  LAWS  &  DECISIONS. 

Directions  respecting  the  use  and  preservation  of  volumes  of  sent  to 

the  several  districts^ 260. 

COMMON  SCHOOL  FUND. 

Money  paid  into  treasury  on  account  of,  to  be  credited  with  interest,     99,  139. 

Distribution  of,  when  and  how  to  be  made, 100,  139. 

Capital  and  revenues  of, , *.,.....  138. 


380 

COMMON  SCHOOL  SYSTEM. 

Origin,  Progress  and  Present  Condition  of, 5  to  90. 

General  Outlines  of, 85. 

COMPTROLLER. 

Certificate  of  apportionment  of  school  moneys  to  be  given  to, 99,  140. 

Authorized  in  conjunction  with  superintendent,  to  withhold  public 

money  in  certain  cases, 99. 

To  credit  common  school  fund  with  interest  on  payments  into  the 

Treasury, »..  99. 

Duty  of  on  return  of  non-resident  taxe^by  county  treasurer, 119. 

CONSOLIDATION  OF  DISTRICTS. 

Effect  of   on  rights  of  property, 108,145,146. 

CORPORATIONS. 

Liability  of  to  taxation  for  district  purposes, 117,  118,  203,  206,  216. 

COSTS. 

Of  suits  brought  by  or  against  school  officers,  provisions  respect 
ing,  128,  129,  169. 

COUNTY  CLERK. 

Duty  of  relative  to  certificate  of  apportionment  of  state  tax,   92,  97,  139. 

Notice  of  apportionment  to  begiven  to, 99. 

To  file  notice  of  apportionment  by  state  supt.  and  transmit  a  copy 

to  county  treasurer, 100. 

Annual  report  of  the  state  superintendent,  when  to  be  made  and 

what  to  contain, 127. 

Penalty  for  refusal  or  neglect  to  make  such  report, 127. 

To  notify  town  clerk  of  neglect  of  town  superintendent  to  trans 
mit  annual  report, 128. 

Duty  of  in  reference  to  the  organization  of  teachers'  institutes, 372, 

Duty  of  under  act  to  provide  for  the  purchase  of  Webster's  diction 
ary  for  the  use  of  the  several  school  districts, 373. 

COUNTY  POOR  HOUSE. 

Children  supported  in,  not  to  be  included  i%annual  report  of  trus 
tees, 122,243. 

COUNTY  SUPERINTENDENT  OF  COMMON  SCHOOLS. 

Efforts  for  establishment  of  office  of, - 44,45,  47. 

Appointment  of  provided  for, 50. 

Administration  of, 52  53. 

Office  of  abolished...... 65. 

Recommendations  for  its  restoration, 68,  71,  76,77,79. 

COUNTY  TREASURER. 

Avails  of   state  tax  to  be  paid  over  to, 92,97. 

Dividends  of  common  school  fund  when  to  be  paid  to, .     100. 

Duty  of  in  application  for,  receipt  and  disbursement  of  the  same,          100. 

To  give  notice  to  town  superintendent  or  commissioners, 100. 

Moneys  when  to  be  returned  to  by  town  superintendent 104. 

To  give  notice  of  loss  of  school  money  occasioned  by  neglect  of 
town  supt » 105. 


381 

Page. 

Duty  of  on  return  by  trustees  of  unpaid  taxes  on  non-residents,  118. 

Cannot  deduct  commission  from  public  moneys  paid  over  to  them,  140. 

Commission  of,  bow  payable, 140. 

Duty  of  on  return  of   taxes  on  leasehold  property, 207. 

Duty  of,  in  relation  to  expenses  of  teachers' institutes, 372. 

COURSE  OF  INSTRUCTION. 

Town  superintendent  to  advise  and  consult  with  trustees  in  reference 

to,  &c.,..., 108,  162  to  164. 

i 

D. 

DECLARATION. 

To  be  mabe  by  persons  challenged  at  school  district  meeting, 110. 

Effect  of,  and  penalty  for   false  declaration, 110. 

DEED. 

Of  Schoolhouse  and  site,   when  to  be  executed  by  trustees,  and 
effect  of,  113. 

DEFICIENCIES. 

In  tax  list  or  rate  bills,  how  to  be  supplied, 116,  183 

DELHI,  village  of, 

Act  relative  to  schools  in, 297. 

DEPUTY  SUPERINTENDENT  OF  COMMON  SCHOOLS. 

How  appointed,  power  and  duties  of, 95. 

DISCIPLINE  AND  CONDUCT  OF  SCHOOL. 

Town  superintendent  to  consult  with  trustees  in  reference  to, 108, 162. 

DISSOLUTION  OF  DISTRICTS. 

Duty  of  town  superintendents  and  trustees  in  case  of, 108, 109. 

Effect  of,in  joint  districts, 148. 

DISTRICT  CLERK. 

Trustees  of  school  districts  ineligible  to  the  office  of, 102, 

When  and  how  to  be  chosen,.. HI. 

To  give  notice  of  special  annual  and  adjourned  district  meeting,  114,  258,  259. 

When   to   notify   special    meeting   for    the    election    of    district 

officers, Ill,  HO,  258. 

Powers  and  duties  of, 114,  115,  191, 192,  258. 

Vacancy  in  office  of,  how  to  be  filled, 114. 

Penalty  for  refusing  to  serve  or  neglect  of  official  duties, 114. 

Resignation  of,  how  and  to  whom  to  be  made,  and  notice  of, 1 14. 

To  preserve  district  records,  books  and  papers  and   deliver  to   suc 
cessor  in   office, H5_ 

To  file  certificate  of  exemption  by  trustees  of  indigent  persons,...          116. 

To  file  and  record  annual  account  of  trustees  of  money   received 

and  expended, > 124. 

Penalties  and  forfeitures  for  wilful  neglect  of  official  duty  by  ;  and 

how  collected, 115,128,  169,248,  260 

Removable,  from  office  by  state  superintendent, 131, 166,  248* 


382  / 

Page. 

Provision    for    costs    and    expenses    of    suits    brought    by    and 

against, 128, 129, 169. 

Duty  of,  in  entering  and  recording  proceedings  of  district  meeting 

and  forms  for  use  of, 114,191,  192,258,259. 

Forms  of  minutes  of  district  meeting  for  use  of, 192. 

Forms  of  notices  by,   for  annual,   special   and   adjourned  district 
meetings, 258,  259. 

To  forward  to  town  clerk  names  of  district  officers, 259. 

Duties  of,  in  reference  to  District  School  Journal, 259,  260. 

DISTRICT  COLLECTOR. 

When  and  how  to  be  chosen, 111. 

Vacancy  in  office  of,  how  to  be  filled, 114. 

Penalty  for  refusal  to  serve,  or  neglect  of  official  duty, 114. 

Resignation  of,  how  and  to  whom  to  be  made,  and  notice  of, 114. 

Trustees  of  district  not  eligible  to  office  of, ; 263. 

Powers  and  duties  of,  in  execution,  of  warrants  for  collection  of 

rate  bills, 93,116,218,  219,  228,  262,  263,  264. 

Duty  of,  in  the  collection  of  taxes  against  non-resident,  unoccupied 
and  unimproved  lands, 118,  207. 

Duty  of  in  the  collection  of  .district  taxes,  percentage  of,  and  mode 

of  procedure, 119,  120,  218,  219,260,  261,262,263,264. 

Forfeiture  of,  for  neglect  of  duty  and  how  to  be  recovered  and  ap 
plied,....- 120. 

Jurisdiction  of,  in  the  execution  of  warrants  for  collection  of  dis 
trict  taxes, 120,  218,  260,  262,  263,  264. 

Bond  to  be  required  of, 257,260. 

Bail   or  sureties  of,  liable  for  moneys  received  or  collected  by,          120. 

Penalties  and  forfeitures  for  wilful  neglect  of  official  duty  by,  and 
how  collected, 128,  169,  248. 

Removable  from  office  by  state  superintendent  for  embezzlement 
or  Avilful  neglect  of  official  duty, 131,  166,  248. 

Provision  for  costs  and  expenses  of  suits  brought  by  and  against,  128, 129, 169. 

Liability  of,  in  the  execution  of  process,    151,  262. 

Eligibility  of  teacher  to  office  of, 262, 

DISTRICT  LIBRARIAN. 

When  and  how  to  be  chosen, Ill,  264. 

Vacancy  in  office  of,  how  to  be  filled, 114,264. 

Penalty  for  vefusal  to  serve,  or  neglect  of  official  duty,   114. 

Resignation  of,  how  and  to  whom  to  be  made,  and  notice  of, 114. 

To  be  subject  to  the  direction  of  trustees   and  removable  by 

them, «- 125,  126,  264. 

Powers  and  duties  of,  in  reference  to  district  library,  241,  264,  to  270. 

DISTRICT  LIBRARIES. 

History  of  establishment  and  organization  of, 27,31,  32,  37,  39,  42. 

Tax  for  purchase  of,  authorized, 125,  182,  183,  190. 

Appropriation  for, 125,  139.  373. 


383 

Paffe. 

Trustees  of  district  to  be  trustees  of, 125. 

Powers,  duties   and   liabilities  of    trustees   and   librarian 

of,  125,126,  233  to  242,  264  to  270. 

General  principles   applicable  to  the  selection  of  books  for,       234  to  240. 
General  regulations  respecting  preservation  of,  to  be  made  by  state 

supt 126,  264. 

Powers  and  duties  of  trustees  of  in  the  imposition  and  collection  of 

fines, , ...     126,  240,  241,  242,  264. 

"When  libraries  of  two  or  more  districts  may  be  united,  126, 183,  265. 

When  library  may  be  selected  by  state  superintendent,  126,183. 

Liability  of  trustees  for  neglect  of,  and  loss  of  books  from, 125,  126. 

Catalogue  of,  and  number  of  books  when  and  how  to  be  made  and  . 

furnished  by  trustees, 151,  154,  199,  200,  240,  265. 

Regulations  of  state  superintendent  for  preservation  and  use  of 

books  in  (fee., 240  to  242,  267  to  270. 

When  authorized  to  be  placed  in  charge  of  teacher, 273. 

DISTRICT'  MEETINGS.— See  Annual  Meeting,   Inhabitants    of 

school  districts  Special  Meeting. 

Notice  of,  when  and  how  to  be  given,  on  the  formation  of   dis 
trict,  169,  110,  144. 

Duty  of  inhabitants  to  attend, 110. 

Qualifications  of  voters  in, 110,  193. 

Challenges  how  and  by  whom  to  be  made  ;    declaration  and  effect 
of,  and  penalty  for  false  declaration,  and  for  voting  at,  without 

being   qualified,    110,  194. 

Powers  and  duties  of  inhabitants  entitled  to  vote  in,  109,  111,  115, 178,  to  195. 

Alteration,  modification  or  repeal  of  proceedings  of,  Ill,  194. 

Notice  of,  to  state  the  purposes  for  which  called, Ill,  200,  258. 

Annual  meetings,  when  and  where  to  be  held,  and  time  and  place 

of,  when  to  be  fixed, Ill,  112,  178, 179,  258. 

Special  meetings  for  election  of  district  officers,  when  and  by  whom 

to  be  called, Ill,  112,  178,  201. 

Proceedings  of,  not  to  be  invalidated  by  want  of  notice  &c.,    112,  179,  258. 

Proceedings  of,  to  be  recorded  by  district  clerk,  114,  258., 

Notice  of  time  and  place  of,  to  be  given  by  district  clerk,          115,  200,  258. 

When  notice  of,  to  be  given  by  trustees, 115. 

Appeals  to  state  superintendent  from  proceedings  of,  etc.,     124,  275  to  278. 

Mode  of  proceeding  in, 190  to  193. 

Mode  and  form  of  keeping  minutes  and  record  of  proceedings  of,  191,  192. 

Form  of  notice  for  annual  and  adjourned,  259. 

DISTRICT  SCHOOL  JOURNAL. 

To  be  forwarded  by  mail  to  the  clerk  of  each  district,  259,  370. 

Duty  of  district  clerk  in  reference  to 259,260,370. 

DISTURBANCES  IN  SCHOOL  DISTRICT. 

Penalties  for,  how  collected  and  applied, 130,  256/257. 


384 

•'-.:•        E- 

EMBEZZLEMENT. 

Of  public  money  by  town  superintendents  or  other  school  officers 

penalty  for,  131. 

ENUMERATION  OF  CHILDREN. 

How  to  be  made  in  annual  reports  of  trustees, 122,  123,  243,  244. 

EQUALIZATION  OF  TAXES. 

Proceedings  for,  in  the  case  of  joint  districts,   113. 

ERRORS  AND  OMISSIONS. 

Equitable  power  of  state  superintendent  in  case  of, 103,  198. 

In  tax  list  and  rate  bills,  when  and  how  to  be  corrected,  121,  202. 

In'  reporting  names  of  district  officers  to  town  clerks,  not  to  inval 
idate  election,  259. 

EXECUTORS  AND  ADMINISTRATORS. 

Liability  of,  to  taxation  for  school  district  purposes, 214,  215. 

EXEMPTIONS. 

Of  indigent  persons  from  payment  of  teachers  wages,  wholly  or 
in  part,  93,  116,  224  to  230. 

How  certified  and  collected  by  trustees, 93,  116,  224,  to  230. 

Of  property  from  levy  and  sale  on  warrants  for  collection  of  rate 

bills, 93,  117,  228. 

Of  inhabitants  in  certain  cases,  from  tax  for  building  school  houses,  119,  215. 

F. 

FENCE. 

Tax  may  be  voted  for  by  inhabitants  of  district,  190. 

FLUSHING. 

Act   to  establish  free  schools  in  town  of,  .', 298. 

FORFEITURES.— See  Penalties  and  Forfeitures. 

To  be  sued  for,  recovered  and  applied  by  town  superintendent, 102. 

To  be  sued  for  recovered  and  applied  by  trustees  of  district, 120. 

FORMATION  OF  SCHOOL  DISTRICTS— See  School  Districts, 
Town  Superintendents. 

General  principles  applicable  to,  148. 

Form  of  resolution  for,  t  111. 

FORMS  PRESCRIBED  BY  SUPERINTENDENT. 

Of  bond  to  be  given  by  town, superintendent  to  supervisor, 170. 

Of  resolution  for  formation  of  new  district, 171. 

Of  notice  to  trustees  not  giving  their  consent  to  alteration  of  dis 
trict 172. 

Of  notice  of  the  first  meeting 'of  a  district  for  organization, 172. 

Of  resolution   for  the   alteration  of   a   district, 173 

Of  proceedings  in  the  formation  or   alteration  of  a  joint  district  174. 

Of  certificates  of  qualification  to  teachers  by  town  superintendent,  17-i 

Of  instrument  annulling  teachers  certificate,  174 


385 

Page. 

Of  annual  report  of  town  superintendent, 174. 

Of  resolution   for  raising  a  tax  for  erection  of  school  houses 187- 

Of  list  of  ayes  and  noes  for  taking  votes  in  school  districts, 191. 

Of  minutes  to  be  kept  by  district  clerk  of  proceedings  of  district 
meeting, 192. 

Of  minutes  to  be  kept  by  district  clerk  of  proceedings  of  district 
meeting  in  reference  to  change  of  site  of  school  house  in  unal 
tered  district, 192. 

Of  district  tax  list  and  warrant, 217,218. 

Of  assessment  for  teachers  wages,  certificate  of  exemption,  rate  bill 

and  warrant 226,  227. 

Of  annual  reports  of  trustees  of  school  districts, 244. 

Of  annual  report  of  trustees  of  joint  districts, 246. 

Of  bond  to  be  given  by  district  collector, .- 257. 

Of  notices  for  annual,  adjourned  and  special  district  meetings, 258,  259. 

FREE  SCHOOLS. 

History  of  the  establishment  and  organization  of,    62,  63,  67,  68,  69,  71  to  85. 

Act  for  establishment  of,  throughout  the  state, 92. 

In  the  village  of  Bushwick  act  for  the  establishment  of,  291. 

In  the  village  of  Cohoes, 293. 

In  thetown  of  Flushing 298. 

In  the  town  of  Lansingburgh, s 304. 

In  the  town  of  Newtown, 310,  318. 

In  the  village  of  Poughkeepsie, 330. 

In  the  city  of  Troy, 351,  356,  357. 

FUEL. 

Taxes  for,  authorized  to  be  levied, Ill, 

Trustees  to  furnish,  from  funds  collected  therefor,  from  the  district,          115. 

When  trustees  to  provide  and  levy  a  district  tax  therefor, 120,  216. 

Cannot  be  provided  but  by  voluntary  arrangement  in  any  other 

mode  th^n  that  prescribed  by  law, » 190,216. 

G. 

GENERAL  DEPUTY  SUPERINTENDENT. 

To  be  appointed  by  the  state  superintendent ;  powers  and  duties  of,  96. 

GLENS  FALLS. 

Act  to  unite  the  libraries  of  the  several  districts  in  the  village  of,        -300. 

GLOBES. 

Taxes  authorized  to  be  levied  for  purchase  of, Ill,  180. 

When  library  money  may  be  applied  to  purchase  of, 125,  151,  182. 

GOSPEL  AND  SCHOOL  LOTS.— See  Trustees  of  gogpel  and  school  lots. 

Provisions  respecting, 132,  133.  134,  141,  142,  151,  198. 

Powers  and  duties  of  trustees  of, 133,134. 

Application  by  trustees  of  funds  arising  from, 198. 

GUARDIANS. 

Liability  of  to  taxation  for  school  district  purposes,...  214,  215. 

35 


386 

^T....:....:...    H.    ^^    * 

HOLIDAYS. 

On  what,  school  may  be  dismissed,  ..........................................          274. 

HUDSON  CITY. 

Act  in  relation  to  common  schools  in,  ..................  .  ...........  .  ________          SQL 


I. 


INDIAN  CHILDREN. 

Trustees  not  to  include  in  annual  report, 123. 

Act  to  provide  for  the  education  of,  in  State  normal  school, 371. 

INDIAN  SCHOOLS. 

Act  to  provide  for  the  education  of  the  children  of  the  Onondaga 

and  St.  Regis  tribes  of  Indians,. 367. 

Do.  for  Indian  children  on  the  Allegany  and  Cattaraugus  reservations,          368. 

Do.  for  children  of  the  Shinecock  tribe  in  Southampton,  Suffolk  Co.,          369. 

Do.  for  the  children  of  the  Tuscarora  Indians  in  Niagara  County,          869. 

Do.  for  the  children  of  the  Tonawanda   Indians  in  the  county  of 

Genessee, 869. 

INDIGENT  PERSONS. 

To  be  exempted  by  trustees  from  payment  of  teachers  wages,  whol- 
*  ly  or  in  part ;    and  exemptions  -how  to  be  certified   and  collect 
ed, 93,  116,  224  to  230. 

INHABITANTS  OF  SCHOOL  DISTRICTS. 

Powers  and  duties  of, 109,  115,  178  to  195. 

When  and  how  to  notify  legal  voters  of  time  and  place  of   first 

meeting  in  the  district,... 109,  144,  145. 

When  authorized  to  give  notice  of  annual  meeting, 112,  201. 

Penalty  for  refusal  of, 110. 

To  attend  district  meetings  when  duly  notified, 110. 

Qualification  of  voters,  proceedings  on  challenge;  penalty  for  fatee 

declaration  and  for  voting  without  being  qualified...... 110,  193,  194. 

Proceedings  of  on  change  of  site  of  unaltered  district, 113,  184,  185,  186. 

When  authorised  to  direct  sale  of  school  house  and  site, 113,  181, 185. 

Authorized  to  provide  for  deficiencies  in  tax  list  (fee., 116,  183. 

When  exempt  from  tax  for  building  school  house, —          119. 

May  vote  a  tax  for  purchase  of  district  library, 125,  182,  183. 

Reconsideration 'of  proceedings  of,  when  authorized, Ill,  194. 

Authorized  to  direct  division  of  teachers  money  into  portions,  115,  183,  190. 

Power  of  in  joint  districts  to  decide  on  proposed  alteration  in  cer 
tain  cases, 108,  147, 183, 184. 

Powers' conferred  upon,  to  be  strictly  pursued, 184. 

Powers  and  duties  of,  in  the  designation  of  sites  for  school  houses,  186, 188,  189. 

Do.  do.    in  building,  luring,  purchasing  and  reparing  school 

house  and  providing  furniture,  fuel  and  appendages,  186, 187,  188, 189,  190- 

Do.  do.   in  disposition  of   the  district  property, 190. 

• 


387 

Faff*. 

May  vote  a  tax  for  building  a  wood  house,  fence,  bell  and  necessary,          190. 
But  not  for  contingencies  or  arrearages  generally,  without  specify 
ing  the  same, , 190. 

Mode  of  proceedings  of,  in  district  meeting, 190  to  198, 

Mode  and  ferm  of  keeping  minutesand  records  of  proceedings  of,  191,  192. 

INSPECTION  AND  SUPERVISION  OF  SCHOOLS. 

Power  and  duties  of  town  superintendents  concerning,  107,  108,  154  to  164. 

INSTALMENTS. 

.When  and  how  tax  for  building,  (fee,,  school  house  may  be  raised  by,          11-2. 

J, 

JOINT  LIBRARIES. 

When  and  how  to  be  purchased  by  two  or  more  adjoining  districts,  126, 183. 

Joint  librarian  to  be  appointed, T 126. 

Provision  for  division  of  books,  tfcc.,  ia, — 127, 

JOINT  SCHOOL  DISTRICTS. 

Oertifkafres  of  qualification  to  teachers  ia,  by  whom  to  be  granted 

and  annulled, 107,  155. 

Formation  and  alteration  of,  how  and  by  whom  to  be  made,  108,  146,  147,  148, 

Majority  of  officers  of  each  town  to  concur  in,  146,  147. 

When  and  how  special  meeting  to  be  called  by  town  supt.  to  decide 
on  proposed  alteration  in,  and  effect  of  decision  of  such  meet 
ing, 108,  147,  183,  184, 

Certificate  of  town  supt  on  tax  exceeding  $400  for  building,  hiring 

or  purchasing  school  house, H2,  181, 

When  aad  how  valuation  of  taxable  property  in,  may  be  equalized,  113,  170. 

Annual  report  of  trustees  of,  when  to  be  made  and  what  to  con 
tain, 123. 

Form  of  resolution  for  formation  or  alteration  of, 174. 

Duty  and  power  of  trustees  in  assessing  taxes  in, 212. 

Form  of  annual  report  of  trustees  of, 246. 

JUSTICES  OF  THE  PEACE. 

To  fill  vacancies  in  office  of  town  superintendent, 101,  141,  142. 

L. 

LANSINGBURGH. 

Act  to  provide  for  a  free  school  in  town  of, ... 304. 

LEASEHOLD  ESTATES. 

Liability  of  to  taxation  for  school  district  purposes, 207, 

LEWISTON  SCHOOL  FUND. 

Provisions  respecting,.... 136,137. 

LIBRARIAN.— See  district  Librarian. 
LIBRARY  MONEY. 

How  to  be  apportioned  and  paid  over  by  town  superinten 
dent, 103j  150>  151j  goo. 


388 

!%«*•' 

When  to  be  expended  by  trustees, 103,  151,  182. 

Appropriation  for,  and  how  to  be  applied  and  expend 
ed,  125,  139,  140,  150,151, 

When  to  be  applied  to  purchase  of  maps,  globes,  black  boards  or 

other  scientific  apparatus  for  use  of  the  school, 125, 151,  182. 

WJien  authorized  to  be  applied  to  payment  of  teachers  wages,  125,  151,  182. 

When  authorized  to  be  applied  to  pui-chase  of  joint  library, 126,  183. 

How  to  be  distributed  when  withheld  from  any  district, . .127,152. 

Duty  of  town  superintendent  when  withheldy 152^ 

In  what  cases  to  be  withheld  from  districts^, , 1 54?. 

Act  relative  to  distribution  of, 372. 

LOCAL  LAWS  AND  PROVISIONS. 

Not  to  be  affected  by  general  laws,  except  ia  certain  cases, ,.   93,  132v 

LOCKPORT. 

Act  in  relation  to  common  schools  in, 305,312, 

LODI  UNION  SCHOOL  DISTRICT. 

Provision  irv  reference  to  rate  biiis  for  payment  of  teachers  wages  io,          316. 

RL 

MAPS. 

Taxes  authorized  to  be  lev-Jed  forthe  purchase  of;,..'. Ill,  180, 

When  library  money  may  be  appropriated  to  purchase  of, 125,  151,  182. 

MEDINA. 

Act  in  relation  to  commoa  schools  in  t!ie  village  of, 313. 

MINISTER  OF  THE  GOSPEL. 

Exemption  of  from  taxation  for  school  district  purposes,,.- 216. 

N, 

37EWTOWN. 

Act  to  establish  a  free  school  in  district  No:  3  in  tile  town  of, 316,  318. 

NEW  TOWNS. 

Apportionment  of  school  moneys  how  to  be  made  to, 98,  99,  140, 

NEW-YORK  CITY. 

Act  to  amend,  consolidate  and  reduce  to  one  act,  the  various  acts 

relative  to  common  schools  iir, 819: 

NON-RESIDENTS, 

Terms  on  which  children  of,  may  be  admitted  ifito  the 

schools, 92, 128,  138,  231,  232: 

Liability  of,  to  taxation  for  district  purposes, 117,  203,  205,  212. 

Statement  and  description  of  real   estate  of,  when  unoccupied  and 

unimproved  to  be  made  by  trustees,  117,  118,  203,  207  to  209,  212; 
Collector  to  be  credited  amount  of  taxes  so  returned,  by  trustees,  118,  207- 
Trustees  to  transmit  account  and  certificate  to  county  treasurer,  118,  207. 
County  treasurer  to  pay  amount  so  returned,  and  lay  account  <fec., 

before  board  of  supervisors, ..v.. .rt. ...„.,- ..~... 118,  207. 


Page. 

Payment  authorized  to  be  made  to  county  treasurer, 118,.207,  208. 

Duty  of  board  of  supervisors  an  the  collection  of  such  amount,  119,  207,  208. 

Taxable  for  land  occupied  by  agent,  but  not  if  occupied  by  tenant,          212. 

Saw  mill  owned  by,  liable  to  taxation, 212. 

Trustees  authorized  to  prosecute,  for  amount  due  on  tax  list  or  rate 

bills, 121,  249. 

NORMAL  SCHOOL. 

History  of  the  establishment  and  organization 

of,     23,  24,  25, 26,  28,  32,  33,  37,  38,  39,  49,  51,  54  to  £6,  60,  64,  65,  67,  69. 

Act  for  the  establishment  of, 370, 

Act  to  provide  for  the  education  of  Indian  children  in, 371. 

tfOTICB. 

-Of  the  formation  or  alteration  of  districts,  when  and  by  whom  to  be 

given, 108,  143,  144, 

Of  the  time  aad  place  for  the  first  district  meeting  and  by  whom 

to  be  given, 109,  110,  144,  145, 

Of  district  meetings  to  state  the  purpose  thereof, Ill,  179,  200,  258, 

Of  annual  meeting,  and   meeting  adjourned  for   more  than  one 
month,  how  and  by  whom  to  be  given, 258. 

Of  special  meeting  for  election  of   district  officers,  when  and   by 

whom  to  be  given, Ill,  112,  201,  258 

Want  of,  not  to  vitiate  proceedings  of  annual  or  special  meetings, 

<fcc., 112,  179,  258. 

Of  resignation  of  district  officers  to  be  given   by  town  supt,  to 

clerk  or  trustees, 114. 

Of  time  and  place  of  special,  annual  and  adjourned  district  meet 
ings  to  be  given  by  clerk...... 115,200,258, 

Of  claim  to  reduction  in  the  valuation  of  taxable  property,  to  trus 
tees,  Hg. 

By  trustees,  on  valuation  of    taxable  property,   on  claim  for  re 
duction  or  otherwise, 119,  210  to  212. 

Form  of,  to  trustees  withholding  consent  for  formation  or  alteration 

of  district, ..„ 172. 


O. 


; 


OATHS. 

Town  superintendents  authorized  to  administer,  mtliout  fees, 106. 

Town  superintendents  not  required  to  take, 170- 

OFFICERS  OF  SCHOOL  DISTRICTS.— See  District  Clerk,  Dis 
trict  Collector,  District  Librarian,  Trustees  of  School  Districts. 

Money  in  hands  of,  in  annulled  district,  to  be  recovered  and  appor 
tioned  by  town  superintendent, 4 1O9,  146. 

When  and  how  to  be  elected,  and  term  of  office, , Ill,  112,  180. 

Special  meeting,  when  to  be  called  for  election  of, Ill,  112,178. 

Vacancies  among,  how  to  be  filled, 114. 


390 

P*ffe- 

jpenalty  for  refusal  to  serye,  or  neglect  of  official   duty, 114-1. 

Resignations  of,  how  and  to  whom  to  be  made  and  notice  of, 114-. 

Provision  for  costs  and  expenses  in  suits  brought  by  and 

against, 128,  129,  169,  254.. 

May  be  removed  by  state  superintendent  for  embezzlement  of  pub 
lic  money  or  wilful  neglect  of  official  duty, 131,  166,248. 

Copies  of  School  Laws,  forms  and  instructions  to  be  transmitted  to,.          131. 

Should  be  separately  chosen  by  ballot, 191. 

General  principles  of  law  in  reference  to  suits  brought  against,. .  250  to  255. 

Names  of  to  be  reported  by  district  clerk  to  town  clerk, 259. 

ONONDAGA  TRIBE  OF  INDIANS. 

Act  to  provide  for  the  education  of  the  children  of, 367. 

ORPHAN  ASYLUMS. 

Children  supported  at,  not  to  be  incladed  in  returns  of  trustees,. .  152. 

OSWEGO. 

Provisions  in  relation  to  schools  in  the  city  of, 329. 

OVERSEERS  OF  THE  POOR. 

Provisions  relative  to  moneys  in  the  hands  o£.. 134,  135,  141,  151. 

OWEGO. 

Provision  in  reference  t®  rate-bills  for  teachers'  wages  in  district 
No.  1,  in  village  of, -•  •  -  316,, 


P. 

10     «OJj 


PENALTIES  AND  FORFEITURES. 

Duty  of  the  town  superintendent  in  the  collection  and  application  of,  102,  16Y. 

For  neglect  by  town  superintendent  in  making  annual  report, 105,  166. 

For  refusal  of  taxable  inhabitants  to  serve  notices  for  first  meeting 

in  a  district, , 110. 

For  wilfully  making  false  declaration  of  right  to  vote,  on  challenge,  110. 

For  voting  without  the  requisite  qualifications, 110. 

For  refusal  to  serve,  or  neglect  of  official  duties  by  officers  of 

school  districts, 114. 

For  neglect  or  refusal  of  district  clerk  to  preserve  records,  books 

and  papers* and  to  deliver  the  same  to  his  successor, 115. 

For  neglect  of  duty  of  district  collector,  in  the  collection  of  taxes,  120^ 

To  be  sued  for,  recovered  and  applied  by  trustees  of  districts, 120. 

For  false  report  by  trustees  of  districts  to  town  superintendents,  123,  248; 

For  refusal  or  neglect  of  trustees  annually  to  account  and  pay 

over  balance  in  their  hands, 124,  249. 

For  refusal  or  neglect  of  county  clerk  to  make  annual  report  to 

state  superintendent, 12Y- 

For  wilful  neglect  of  official  duty  by  town  superintendents  or  offi 
cers  of  school  districts, 128,  169,  248* 

For  wilful  disturbance,  interruption,  or  disquiet  of  district  schools,  130,  25G* 


391 

Page. 

PLANK  ROAD  CORPORATION. 

Liability  of  to  taxation  for  school  district  purposes,  and  valuation 

of  property,  how  to  be  ascertained, 206,207. 

POOR  HOUSE.— See  County  Poor  House. 
POUGHKEEPSIE. 

Act  to  establish  fre«  schools  in  the  Tillage  of, 330. 

PROPERTY   OF    SCHOOL  DISTRICTS.— See   School  House, 

Site  of  School  House,  District  Library. 

Disposition  of,  on  consolidation  of  two  or  more  districts, 109,  145,  146. 

Sale  and  application  of,  on  annulment  of  district  by  town  supt.  109,  145,  146. 
Blank  Books  to  be  procured  by  trustees  for  keeping  account  of,  &c.,  120,  199. 
PUBLIC  MONEY.— See  School  Money. 


QUALIFICATION  OF  TEACHERS. 

State  Certificates  of,  from  superintendent, 96. 

How  ascertained  and  certified  by  town  superintendents, 107,  154  to  160. 

QUALIFICATION  OF  VOTERS. 

In  school  district  meetings, 110,193. 

R. 

RAIL  ROAD  COMPANIES.  .-^ 

Liability  of  to  taxation  for  school  district  purposes, 206. 

RATE  BILLS. 

Trustees  of  dissolved  districts  to  make  out  for  discharge  of  legal 

liabilities, k       109. 

To  be  made  out  by  trustees  for  teachers'  wages ;  what  to  con 
tain, 93,  116,  224  to  280. 

To  be  delivered  to  and  executed  by  the  collector,... 116,  218. 

Powers  and  duties  of  collector  in  execution  of  warrants  for  col 
lection  of, 93,  116,  218. 

Deficiencies  in  amount  collected  by,  how  to  be  raised, 116. 

Property  exempt  from  levy  and  sale  on  wan-ants  for  collection  of,     93,  117. 

Warrants  for  collection  of,  how  to  be  issued  ;  effect  of  and  when 

and   how  renewable, 121,  218,219. 

Trustees  authorized  to  prosecute  non-residents  for  non-payment  of,  121,  249. 

Errors  in,  how  to  be  corrected, 121,.  202. 

Form  of  assessment,   rate-bill  and  wan-ant, 226,227. 

Special  provision  in  reference  to  in  Lodi  and  Owego, 816. 

do  do  do  do      Williamsville, 366. 

RECONSIDERATION  OF  VOTES. 

When  authorized  in  general, 111,194. 

On  levying  tax  for  building  school  house  by  instalments, 11$. 

REDUCTION. 

In  the  valuation  of  taxable  property  from  last  assessment  roll  of 
town,  how  claimed  and  when  to  be  allowed, 119,  209,210. 


393 

RELIGIOUS  EXERCISES  IN  SCHOOLS. 

Directions  respecting, 213. 

RENEWAL  OF  WARRANTS. 

When  and  how  to  be  made, 121,  168,219. 

RENTS  RESERVED. 

On  leases  in  fee,  for  life  or  years,  liability  of  to  taxation  for 

district  purposes,. 207. 

REPAIRS  TO  SCHOOL  HOUSE. 

Powers  and  duties  of  trustees  in  reference  to, 115,  116,  220. 

RESIDENCE. 

What  constitutes,  for  the  purpose  of  enumeration  by  trustees  of 

districts, 244. 

RESIGNATIONS. 

Of  officers  of  school  districts,  how   and  to  whom  to  be  made  and 

notice  of, 114. 

ROCHESTER. 

Acts  relative  to  schools  in  the  city  of, .,?jhl      §32. 

^ror,',,,,..:^,;,'..   s.         .  'sjjfe 

SALEM. 

Act  relative  to  schools  in  the  village  of, 337. 

SAW  MILL.    • 

Liability  of  to  taxation,.'. 212. 

SCHENECTADY. 

Provisions  relative  to  schools  in  the  city  of, 343  to  345. 

SCHOOLS. 

Penalties  for  wilful  disturbance,  interruption  or  disquiet  of, 130,  256. 

For  colored   children,   provisions  for, 130,131,152,  230,255. 

SCHOOL  APPARATUS. 

Taxes  authorized  to  be  levied  for  purchase  of, Ill,  180,181. 

When  Library  money  may  be  applied  to  purchase  of, 125,  151,182. 

SCHOOL  CELEBRATIONS. 

Circular  of  Superintendent  Yates  respecting, 22,23. 

SCHOOL  DISTRICTS. 

Apportionment  of  public  money  and  state  tax,  to, 92,97,98- 

Duty  of  the  town  superintendent  in  the  formation  and  alter 
ation  of, 102,  142,  143,144. 

Consent  of  trustees  when  and  how  to  be  given,  and  notice  to,  108,  143,  144. 

In  what  cases  money  to  be  apportioned  to,  where  the  annual  re 
port  is  not  in  conformity  to  law, 103,  104,153. 

Supervisor  and  town  clerk,  in  what  cases  to  be  associated  with 
town  superintendent  in  the  formation  or  alteration  of, 108,  143. 

Formation  and  alteration  of  in  joint  districts,  by  whom  to  be  made,  1 08. 

Effect  of  consolidation  of,  on  rights  of  property, 108,  145,  146. 

Sale  of  property  of,  on  annulment  of,  and  application  of  proceeds 
by  town  superintendent, .'. 109,  145,  146' 


393 

Page. 

Duty  of  town  superintendent  on  the  formation  of, 109,144. 

Notice  of  formation  of,  and  of  time  and  place  of  first  meeting,  how 

and  by  whom  to  be  given, 109,  110,144. 

Qualifications  of  voters  in, 110,193. 

Appeals  to  state  superintendent  from  proceedings  in  the  formation 

or  alteration  of, 124,  275  to  278. 

Penalties  and  forfeitures  for  disturbing,  interrupting  or  disquieting 

any  district  school .  or  assemblage, 130. 

General  principles  applicable  to  formation  and  alteration  of, 148. 

Must  be  composed  of  contiguous  territory, 148. 

Formed  by  state  superintendent  on  appeal, 169. 

Form  of  resolution  for  formation  and  alteration  of, 171,  173,174. 

Acts  of  under  act  of  1849,   legalized, 374. 

SCHOOL  FUND.— See  School  Moneys. 

Capital  and  apportionment  of, 138,  139,140. 

SCHOOL  HOUSES.— See  Sites  for  School  Houses. 

Not  to  be  erected  on  the  division-lines  of  towns, 107,  108. 

Sites  for,  when  and  how  to  be  designated Ill,  180,  181,  186. 

Taxes  for  building,  hiring  or  purchasing,  <fec.,  authorized  to  be 

levied, Ill,  180,  181,  186,  187. 

Taxes  for  (fee.,  not  to  exceed  $400  except  on  certificate  of  town 

superintendent, 112,^68,  169,  181,  187. 

When  and  how  amount  for  building  <fcc.,  may  be  raised  by  instalm't,  112,  181 . 

When  such  vote  may  be  re-considered, 113,  181. 

Site  of  in  unaltered  districts  when  and  how  to  be  chang 
ed, 113,  168,169,184,185,  186,188. 

Sale  of, when,  by  whom,  and  on  what  terms  to  be  made,  and  invest 
ment  of  proceeds, 113,114,181,185,  186,281. 

Trustees  to  purchase  or  lease  sites  for,  and  to  build,  hire  or  purchase 
keep  in  repair  and  furnish  with  necessary  fuel  and  appen 
dages, 115,  219,  220,  221. 

Trustees  to  hare  custody  and  safe  keeping  of, , 115,  220. 

Regulations  respecting  use  of,  when  not  required  for  dis.  purposes,  220,  221. 

Trustees  authorised  to  expend  ten  dollars  per  annum  in  repairs  on, 

and  to  levy  the  same  on  district, 116. 

Tax  for  building,  <fec,,  paid  by  tenants,  to  be  charged  to  owners, .    1 17. 

When  inhabitants  to  be  exempt  from  tax  for  building, 119,215. 

Examination  of  by   town  superintendents, 161,  163,  164. 

Form  of  resolution  for  tax  for  erection  of, 187. 

Tax  for  building  may  be  raised,  but  cannot  be  expended  until  title 

to  site  has  been  procured, 188,  189. 

Collection  of  tax  for  building  not  to  be  suspended  by  vote  of  disl,  188. 

Sites  for  must  be  fixed  by  vote' of  inhabitants, 188. 

Proceeding  in  case  of  failure  of  title  of  site  to,   188. 

Effect  of  vote  authorizing  trustees  to  repair,  Ac., 189. 

May  be  kept  in  repair,  when  built  by  subscription, 189. 


394 

Page. 

Partnerships  in  erection  of,  prohibited, 189,190. 

Additional  rooms,  not  to  be  provided  in,  for  select  schools, 189. 

Taxes  for  repairs  of  ought  not  to  be  voted,  where  district  has  no 

title  to  site,  <fec., 189. 

Ownership  of,  -when  erected  without  permission  of  owner  of  soil,  189. 

Tax  may  be  voted  for  enlargement  of,  without  certificate  of  town 

superintendent, 190. 

Taxes  for  wood-house,  fence  and  bell  may  be  voted  for, 1 09. 

SCHOOL  LISTS,— See  Teachers'  Lists. 

SCHOOL  MONEYS. 

How  to  be  apportioned  by  state  superintendent, 92,97,98,139,140. 

How  to  be   appropriated, 93,98,197. 

Apportionment  of  in  the  division  of  towns  and  the  erection  of  new 

town,., 98,  99. 

Certificate  of  apportionment  of  to  be  made  to  the  Comptroller,  and 
notice  to  county  clerk, 99. 

Clerk  of  board  of  supervisors  to  transmit  certificates  of  amount  rais 
ed,  99. 

Apportionment  of  by  town  superintendent,  when  and  how  to  be 
made, 98,  102,  103,  149  to  154. 

"When  may  be  withheld  by  comptroller  and  state  superintendent,  99. 

When  and  how  to  be  distributed  among  the  several  courties, 100. 

Equitable   power  of  state  superintendent  in  directing  apportion 
ment  of  in  certain  cases, 103,  152,  198. 

Do.  of  town  sup't  on  the  alteration  or  division  of  districts  sub 
sequent  to  the  annual  report  of  trustees, ,.. 103,  104, 

Do.  do.  do.  on  the  formation  of  a  district  prior  to  the  date  of  such 

report, 104,  153. 

When  uncalled  for,  in  one  year,  to  be  added  to  amount  next  to  be  ap 
portioned, 104,  153. 

When  to  be  returned  to  county  treasurer, 104,153. 

May  be  withheld  on  failure  of  town  superintendent  to  make  annual 

report,  105. 

Disposition  of,  on  annulment  of  school  districts, 109,  145,  146. 

To  be  divided  into  portions  by  trustees  ;   how  to  be  assigned  and 

applied,  ? , 115,  183,  198,  199. 

Forfeiture  of  district  collector  for  loss  of,  by  neglect  of  duty, 120. 

Trustees  to  prosecute  for  recovery  of,  apportioned  to  district, 121,  250. 

Account  of  receipt  and  expenditure  of,  to  be  annually  rendered  by 

trustees, .  123. 

Balance  in  hands  of  trustees  to  be  paid  over  to  successors  in  office,  1 24. 

Appeals  to  the  state  superintendent  from  refusal  of  town  sup't.  to 

pay  money  to, 124,  198,  275. 

To  be  apportioned  to  schools  for  colored  children, 131,  1S2. 

Embezzlement  of  by  the  town  superintendent  or  other   school  offi 
cers,  penalty  for, 381. 


395 

fMph 

Account  of  receipt  and  disbursement  of  by  town  sup'l,  and  pay 
ment  of  balance  due, 105,  106,167. 

When  lost  in  consequence  of  wilful  neglect  of  any  school  officers, 

how  to  be  prosecuted  for  and  recovered, 128,  169,170- 

Application  of  raised  by  or  belonging  to  a  town, 198. 

SENECA. 

Provision  relative  to  graduation  of  rates  of  tuition  in  the  schools  of 

district  No.  1,  in  the  town  of,. 345. 

SEPARATE  NEIGHBORHOODS. 

Provisions  for  apportionment  of  school  money  to, 92,  98,  103,  139. 

Duty  of  town  superintendent  in  setting  off,  <fcc., 102. 

Inhabitants  of  to  choose  one  trustee  ;    duty  of 123. 

SHINECOCK  INDIANS. 

Act  for  relief  of,  in  the  town  of  Southampton,  Suffolk  Co., 369. 

SITES  FOR  SCHOOL  HOUSE. 

When  and  how  to  be  ,  designated 111,180,  181,  186. 

Taxes  for,  when  and  how  to  be  levied, Ill,  180,  181. 

In  unaltered   districts,    when   and  how    to  be   chang 
ed, 113,  168,  169,184,  185,  186,  192. 

Sale  of,  when,  by  whom,  and  on  what  terms  to  be  made,  and  invest 
ment  of  proceeds, 113,  114,  186,  192,  193,  221. 

Trustees  to  purchase  or  lease,  as  designated  by  district, 115,219. 

Taxes  for  purchasing  paid  by  tenants,  tfcc.,  to  be  charged  to  owners,  117. 

Title  to  must  be  procured  before  expenditure  of  tax  for  building 

house, 188. 

Must  be  fixed  by  rote  of  district, 188. 

On  failure  of  title  to,  certificate  of  town  sup't  not  requisite  to  es 
tablishment  of  new  site; .". 188. 

Tax  for  may  be  sufficient  to  cover  expenses  of  procuring  title 188,  189. 

Effect  of    incumbrances  upon,  leases,  &.C.,  of,  and  contracts  for, 188. 

Form  of  minutes  to  be  kept  by  district  clerk,  on  change  of  in  unal 
tered  district, 192. 

SPECIAL  MEETINGS,— See  District  Meetings. 

When  and  how  to  be  called  by  town  superintendent,  to  decide  on 
proposed  alterations  in  joint  school  districts,  and  effect  of  decis 
ion  of, 108,  147. 

In  dissolved  districts  when  to  be  called  by  trustees,  to  raise  money 

to  discharge  legal  liabilities, ...  109. 

When  and  how  to  be  called  for  the  election  of  district  officers  and 

for  other  purposes, Ill,  112,  178. 

Proceedings  of  not  to  be  deemed  illegal  for  want  of  notice,  (fee.,  112,  179,  258. 

For  change  of  site  of  unaltered  district, 118. 

Notice  of  time  and  place  of  to  be  given  by  district  clerk, H5,  258. 

To  be  called  by  trustees, 115,  200,  179. 

Notice  of  when  to  be  given  by  trustee*, 115,  200. 

Form  of  notice  for,  by  district  clerk, 259. 


396 

ST.  REGIS  INDIANS. 

Act  to  provide  for  the  education  of  the  children  of, 367. 

STATE  CERTIFICATE  OF  QUALIFICATION. 

State  superintendent  authorized  to  grant, 96. 

STATE  NORMAL  SCHOOL,— See  Normal  School 

STATE  TAX. 

For  support  of  common  schools,  how  to  be  levied  and  collect 
ed, 92,  97,  139,  140. 

SUITS. 

By  town  superintendent  for  collection  of  penalties  and  forfeitures,  102. 

Do.  do.  for  balances  in  the  hands  of  predecessors  in  office, 106. 

Do.  do.  for  moneys  in  the  hands  of  officers  of  dissolved  districts,...   109,  146. 

By  trustees  for  penalty  for  illegal  voting  at  district  meetings, 110,250. 

Do.  on  security  given  on  sale  of  district  property, 113,  114,249. 

Do.  for  forfeitures  and  balances  in  hands  of  collector, 120,  250. 

Do.  against  bail  or  sureties  of  collectors, 120. 

Do.  against  non  residents  for  non-payment  of  tax  list  or  rate-bill,...   121,  249. 

Do.  against  town  superintendents  for  recovery  of  moneys  appor 
tioned  by  to  district, 121,250. 

Do.  for  recovery  of  penalty  against  predecessors  for  refusal  or  ne 
glect  to  account, 124,  250. 

Do.  for  balances  of  money  remaining  in  the  hands  of  predecessors,  124,  250. 

By  town  superintendents  for  penalty  against  trustees  for  neglect 

or  refusal  to  account, 124. 

By  trustees  against  their  predecessors  for  loss  or  injury  to  books  in 

district  library, 126. 

Do.  for  recovery  of  fines  for  loss  of  or  injury  to  such  books, 126* 

By  state  superintendent,  for  penalty  against  county  clerk,  for  refu 
sal  or  neglect  to  report, 127. 

By  supervisor  for  penalties  and  forfeitures  against  town  superin 
tendents  and  officers  of  districts,  for  wilful  neglect  of  official  duty,  1 28. 

Provision  for  costs  and  expenses  of,  by  and  against  town  supt  and 

officers  of  school  districts, 128,  129,169. 

By  trustees  for  wilful  disturbance,  interruption  or  disquiet  of  district 

school,  <fec., 130, 

General  principles  of  law  respecting,  by  and  against  trustees  of 

districts, '. 249  to  255. 

SUPERINTENDENT  OF  COMMON  SCHOOLS. 

Annual  report  of  what  to  contain,.  96. 

To  appoint  a  general  deputy, 

May  appoint  visitors  of  common  schools, " 

To  grant  state  certificates  of  qualification  to  teachers, „ " 

Copies  of  papers  filed  with  and  acts  and  decisions  of,  how  authenti 
cated,  97. 

Apportionment  of  school  moneys  by, 92,97,  139,  140. 

Duty  of  in  apportionment  of  state   tax, 92,  97,  98,  139  140. 


397 

Pegii 

To  give  certificate  to  comptroller  and  notice  to  county  clerks, 99. 

Authorized  to  withhold  school  money  on  failure  of  board  of  super 
visors  to  raise  amount  required  by  law, 99. 

To  prepare  and  transmit  suitable  forms  and  instructions  for  execu 
tion  of  school  law, 99. 

Apportionment  by  on  division  and  erection  of  towns, 98,  99. 

May  withhold,  in  conjunction  with  comptroller,  public  money,  in  cer 
tain  cases, 99. 

Equitable  powers  of  in  the  apportionment  of  public  mon 
ey, 103,104,  152,198. 

To  add  moneys  remaining  on  hand  for  one  year,  to  the  amount 

next  to  be  apportioned, 104. 

To  give  notice  of  loss  of  school  money  occasioned  by  neglect  of 

town  sup'i 105. 

When  authorized  to  call  special  meeting  for  election  of  district  offi 
cers, 112. 

Consent  of  to  be  given  to  the  correction  of  errors  in  tax  list  or  rate- 
bills,  121,  202. 

Appeals  to  from  proceedings  of  inhabitants  and  officers  of  districts 

and  others. 124,  274  to  278. 

Consent  of  necessary  to  application  of  library  money  to  teachers' 

wages, 125. 

To  prescribe  regulations  respecting  the  preservation  of  district  libra 
ries,  the  use  of  books,  <fcc., 126. 

Appeals  to  from  acts  or  decisions  of  trustees  or  inhabitants,  con 
cerning  district  libraries, 126,  276. 

Directions  to  be  given  in  case  of  withholding  library  money  from  dis 
tricts, 127. 

When  authorized  to  select  a  library  for  districts, 127. 

To  prosecute  for  penalty  against  county  clerk  for  refusal  or  neglect 

toreport, 127. 

May  remove  any  school  officer  for  embezzlement  of  public  money  or 

wilful  neglect  of  official  duty, 131. 

To  cause  to  be  printed  school  laws,  forms  and  instructions,  <fcc., ... .      93,  131 

Power  of  town  superintendents  over  districts  formed  by,  on  ap 
peal.. 169. 

Regulations  prescribed  by  for  preservation  and  use  of  books  in  dis 
trict  libraries, 240,  267  to  270. 

Do.  do.  prosecution  of  appeals, 275  to  278. 

To  subscribe  to  an  educational  periodical,  etc., 370 

Powers  and  duties  of,  in  the  supervision,  management  and*  govern 
ment  of  the  state  normal  school, 371. 

Duty  in  reference  to  the  purchase  of  Webster's  Dictionary  for  the 

use  of  schools, 373. 

SUPERVISORS.-— See  Board  of  Supervisors. 

Town  superintendent  to  execute  a  bond  to,  with  sureties  to  be 

approved  by, 101,  141. 


Form  of  Bond, 170. 

Town  superintendents  ineligible  as, 102  142. 

To  prosecute  for  penalty  imposed  on  town  superintendent  neglect 
ing  to  make  annual  report 106. 

When  to  be  associated  with  town  superintendent  and  town  clerk 
in  the  formation  or  alteration  of  districts,  and  powers  and  com 
pensation  of, 108,142,  143,144. 

To  prosecute  for  penalty  for  wilful  neglect  of  official  duty  by 

town  superintendents  and  officers  of  school  districts, 128,  169. 

SYRACUSE. 

Act  relating  to  public  schools  in  the  city  of, 345. 

T. 

TAXES. 

Inhabitants  of  dissolved  districts,  when  authorized  to  raise, 109. 

For  purchase  or  lease  of  sites,  and  for  building,  hiring  or  purchasing 

school  houses, Ill,  180,  181,  188. 

For  fuel  and  appendages,  clerks'  books,  maps,  globes,  black  boards, 

and  apparatus, Ill,  180. 

For  building,  hiring,  or  purchasing  school  house,  not  exceeding  $400, 

except  on  certificate  of  town  superintendent, 112,  168,  187. 

When  and  how  to  be  raised  by  instalment, 112,  181. 

Re-consideration  of. 113,  181. 

Assessment  of  in  joint  districts,  when  and  how  to  be  equalized H3,  170. 

To  be  assessed  by  trustees, 116,201. 

For  amount  of  exemptions  from  rate-bills  for  teachers'  wa 
ges, 93,  116,224,225. 

Deficiencies  in,  how  to  be  provided  for, 116,  183. 

Provisions  for  the  assessment  and  collection  of, 117,  118,  119,  201  to  209. 

Who  to  be  deemed  taxable  inhabitants, 117,  208. 

For  purchasing  school  house  and  site,  to  be  charged  by  tenants  to 

owners  of  real  estate, 117. 

On  non-resident,  unoccupied  and  unimproved  real  estate,  how  return 
ed  and  collected, 118,  119,  207  to  209,  212. 

Valuation  of  taxable  property,  how  to  be  ascertained,...   119,  206,  209  to  2J5. 

Reductions  in  such  valuation,  how  claimed  and  when  to  be  allow 
ed, 119,  209  to  212. 

Proceedings  on  such  claim,  and  when  valuations  cannot  be  ascertain 
ed  from  assessment  roll, 119,  209  to  212. 

Exemption  from  for  building  school  house,  in  certain  eases, 119,215. 

To  be  assessed  &<\,  within  thirty,  days  after  vote  therefor, 119,  201. 

Duty  of  c  ollector  in  collection  of,  and  when  may  be  voluntarily  paid,  119. 

When  to  be  levied  by  trustees,  for  fuel, 120,  216. 

When  trustees  may  levy  without  a  vote  of  the  district, 120,  121,  216. 

Warrants  for  collection  of,  how  issued,  effect  of,  and  when  and  how 

renewable  by  trustees, 121. 

Trustees  authorized  to  prosecute  non-residents  for  non  payment  of,  121. 


399 

Pmg«. 

For  purchase  of  district  library,   when  authorized, 125,182,  188,190. 

To  be  imposed  by  trustees  of  districts  for   costs  and  expenses  of 

suits  byor  against  officers  of  districts,. 129. 

To  be   specifically  voted 194,  251. 

On  railroad,  plank  road,  turnpike,  banking  and  other  corporations, 

how  to  be  assessed,' &c., 206,207,  2*3,  214. 

Effect  of  directions  of  district  on  vote  for  collection  of, 188 

For  wood  house,  fence,  bell,  and  necessary  in  school  district, 190 

For  contingent  pur^fces  and  arrearages, 190. 

Application  of  portion  of,  when  not  required  for  district  purposes,  190. 

Against  agents,  tenants,  trustees,    guardians,  executors  and  admin 
istrators,  how  to   be  assessed, 212,213,  214,215. 

Persons   and   property  exempt    from, 215,  216. 

TAX  LISTS. 

Trustees  of  dissolved  districts  to  make  out  for  discharge  of  legal 

liabilities, 109. 

To  be  made  out  by  trustees ;  what  to  contain,   '. 115,201. 

Deficiences  in  amount  collected  by,  how  to  be  raised, 116. 

To  be  made  out  for  amount  of  exemptions  of  indigent  persons,  93,  116,  117. 

Powers  and  duties  of  trustees  in  making  out 117,  118,  119,  201  to  219. 

Valuations  of  property   to  be   ascertained  from   last  assessment 

roll  of  town 119,  209,  210. 

Claim  for  reduction  when  and  how  to  be  made  and  allowed,  119,  209,  210, 

Trustees  when  to  make  original  assessment,  and  to  give  notice 

thereof, 119,  210,  to  212. 

To  be  made  out  within  thirty  days  after  tax  voted 119,  201,  202. 

When  to  be  delivered,  with  warrant,  to  collector,  and   his  duty 

thereon 119,  218,  219. 

Errors  in  how  to  be  corrected, 121,  202. 

"When  may  be  made  out  after  expiration  of  thirty  days,. 202. 

Form  of  for  collection  of  district  taxes, 217. 

Form  of  warrant  for  collection  of, ....*...  218. 

Trustees  authorized  to  prosecute  for  amount  due  on  by  non-resi 
dents,  in  certain  cases, 121,  249. 

TEACHERS. 

State  certificate  of  qualifications,  when   to  be  granted  to,... 96. 

Wages  of,  when  andhow  payable,  and  on  what  order, 103,  115,  197,  273. 

When  to  be  deemed  duly  qualified, 103. 

Inspection  and  licensing  of  by  town    superintendents,  107,  108,  154  to  157. 

Certificates  of  qualification  to,  when  to  be  granted  and  annulled  by 
town  sup'ts., 107. 

In  joint  districts,  by  whom  certificate  to  be  granted  and  annulled,  107. 

Trustees  to  contract  with,  employ  and  pay  by  orders  on  town  super 
intendent  and  rate-bills, 115,  116,  93,221. 

To  keep  verified  lists  of  attendance  and  visitation  of  schools,  1 20, 270,  to  278. 
Form  of  teachers'  lists,  daily  and  weekly  rolls,  <fcc.,  , 271,272. 


400 

Page. 

Form  of  certificate  of  qualification  and  of  instrument  annulling  tbe 

same, 174. 

Employment  of,  their  payment,  and  rate-bills  for  collection  of  wa 
ges,  221  to  230. 

Contracts  with,  how  to  be  made,  and  effect  of, 221,  222,  223,  273,  274. 

Board  of,  how  to  be  provided  for, 222,  223. 

When  trustees  may  dismiss, -....' 223,  273. 

Trustees  to  co-operate  with  in  the  government  and  discipline  of 

the  school, .*. 232. 

When  eligible  as  district  collector 262. 

Powers,  duties  and  liabilities  of,  in  the  preservation  and  enforce 
ment  of  order  and  discipline,.  • 273,  274. 

Entitled  to  participate  in  the  privileges  of  the  district  library,. . . .  278. 

When  library  may  be   placed  in  charge  of  by  trustees,....    273 

When  authorized  to  dismiss  school  without  losing  time, 274. 

May  open  and  close  their  school  with  prayer  and  the  reading  of  the 

scripture, 273. 

Duty  of  in  reference  to  care  and  custody  of  Websters'  Dictionary,  378. 

TEACHERS'  INSTITUTES. 

History  of  the  organization  and  establishment  of, 59,  60,  61,  66,  71. 

Act  for  the  establishment  of, 372. 

TEACHERS'  LISTS. 

Trustees  to  ascertain  by  examination  of,  the  number  of  days  for 

which  each  person  is  liable  for  instruction, 116. 

Blank  books  to  be  procured  by  trustees  for  keeping 120,  199,  231. 

How  to  be   made  out  and  kept,  and  forms  for, 271,  272. 

TEACHERS'  MONEY,— See  School  money,  Teachers'  Wages. 

Proportion  of,  to  be  designated  in  the  apportionment  by  town  eup't   103,  150. 

How  payable  to  teachers, 103,  150,  197. 

When  to  be  withheld  by  town  superintendent,  and  his  duty  thereon,  152. 

When  and  how  to  be  divided  into  portions 115,183,  198,199. 

TEACHERS'  WAGES.— See  Teachers. 

Appropriation  of  public  money  to  payment  of, 93,  97,  98,  139,  140. 

Provisions  for  collection  and  payment  of, 93,  115,  116,  197,  223  to  230. 

Indigent  inhabitants  to  be  exempted  from   payment  of,  93.  116,  224  to  280. 

When  library  money  maybe  applied  to  the  payment  of, 125,  182. 

TENANTS. 

At  will  or  for  years,  authorized  to  charge  tax  for  purchasing  sites, 

building  school  houses,  tfec.,  to  owner, 117. 

Liability  of"  to  taxation, 212,  214. 

TEXT  BOOKS. 

Library  money  not  to  be  expended  in  the  purchase  of, 154. 

To  be  recommended  by  town  superintendents, : 108,  163. 

TON  A  WAND  A  INDIANS. 

Act  to  provide  for  education  of  the  children  of,  in  the  county  of 

Cenesee, 369. 


•      Ml 

PafE, 

TOWNS.  .^  0>  ta|{w   bfl4  2  iilw  ,lo -J-ioqsi  l»uacA 

Apportionment  of  public  money  on  erection  or  division  of, 98,  99,  140. 

TOWN  BOARD.— See  Town  Superintendent,  Town  Clerk,  Su 
pervisor. 

TOWN  CLERK. 

Appointment  of  town  superintendent  by  Justices,  to  be  filed  in 

office  of, 101,  141. 

Town  superintendents  ineligible  to  office  of, 102,  142. 

To  receive  and  keep  reports  of  trustees  to  town  superintendents, 
books  and  papers,  <fec  r ". 106,  107,  143. 

To  receive  and  record  estimates  and  apportion'ts  of  school  money,  107,  143. 

To  notify  town  superintendent  to  make  annual  report, 107,143. 

When  to  be  associated  with  town  superintendent  and  supervisor  in 
the  formation  and  alteration  of  districts,  and  powers  and  com 
pensation  of  when  so  associated, 108,  142,  143,  144. 

When  authorized  to  order  inhabitants  of  district  to  notify  special 

meeting  for  election  of  district  officers, 112. 

TOWN  SCHOOL  FUNDS. 

Provisions  respecting, 132  to  137,  141,  142,  151,  198. 

Application  of, .* 198. 

TOWN  SUPERINTENDENTS  OF  COMMON  SCHOOLS. 

Share  of  public  money  to  be  paid  over  to, 98,  100,  140. 

How  to  be  apportioned  by  them, 98. 

^Notice  of  apportionment  by  state  superintendent,  to  be  given  to 

by  county  treasurer...... 100. 

Election  and  general  powers  and  duties  of, 100,141. 

To  execute  a  bond  with  sureties  to  supervisor,  conditioned  for  the 

faithful  performance  of  duties  of,  Ac., 101,  141. 

Form  of  bond, 170. 

Vacancies  in  office  of,  when  and  how  to  be  filled, 101,  141,  142. 

Notice  of  appointment  to  be  given  to, , 101,141. 

Term  of  office,  when  to  commence  and  duration  of, 101,  141,  142. 

Ineligible  as  trustees  of  a  school  district,  supervisor  or  town 
clerk, 101,  102,  142. 

To  perform  the  duties  of  trustee  of  gospel  and  school  lands, 102,  142. 

Duties  of  in  reference  to  the  formation  and  alteration  of  districts, 

and  the  receipt  and  apportionment  of  school  money, 

102,  103, 142,  143,  144,  145,  149  to  154,  171  to  174. 

Do.  in  the  collection  and  application  of  penalties  and  forfeitures,  102,  167. 

Do.  in  payment  of  teachers  and  library  money, 103,  149  to  154. 

Do.  on  the  alteration  or  division  of  districts  after  date  of  the  an 
nual  report, 103,104,  153. 

To  add  monies  uncalled  for,  during  one  year  to  amount  next  to 

be  apportioned, 104,  153. 

When  to  return  such  monies  to  the  county  treasurer, 104,  153. 


402 

P*ge. 

Annual  report  of,   when   to  be  made   and  what  to  con 
tain, 104,105,  164  to  166. 

Penalty  for  neglect, .......  105,166. 

To  keep  an  account  of  moneys  received  and  expended  and  to  lay 

the  same  before  board  of  town  auditors, 105,106,  167,168. 

To  render  account  to  his  successor  in  office  and  pay  over  balance 

at  the  expiration  of  his  term,  to  be  filed  in  town  clerks  office,  106,  167,  168. 

To  state  and  pay  over  balances  appropriated  to  school  dist's,  106,  167,  168. 

Successor  in  office  to  prosecute  for  any  unpaid  balance, 106,  167,168. 

To  take  and  hold  property  transferred  for  the  use  of  com.  schools,  106,  168. 

Authorized  to  administer  oaths, 106. 

Compensation  of  and  how  paid, 106,  142. 

Reports,  estimates  and  apportionments  of  where  to  be  filed, 106,  107. 

Powers  and  duties  of  as  inspector  of  Common  Schools,  107,  154  to  164-,  174. 

To  grant  and  annul  certificates  of  qualification  to  teachers,  and 

forms  for, 107,154,  155,174. 

When  and  how  often  to  visit   schools, 108,  157,  158  to  164. 

Powers  and  duties  of,  at  such  visitation, 108,  157  to  164. 

To  advise  and  consult  with  trustees  in  relation  to  their  duties  and 
the  management  of  the  school  and  tburse  of  instruction,  108,  162  to  164. 

Powers  and  duties  of  in  the  formation  and  alteration  of  school 
districts, 108,  109,  142-146,  171  to  174. 

"When  authorized  to  call  special  meeting  in  joint  districts  for  the 

purpose   of  determining   on  proposed   alteration, 108,  147. 

Duty  of,  on  the  annulment  of  a  district, 109,  145,146. 

Do.  on  the  formation  of  a  district, 109,  110. 

To  prepare  a  notice  in  writing,  describing  the  district  and  appointing 

time  and  place  for  first  meeting,  &c., 109. 

When  to  renew  such  notice, 110. 

Consent  of,  for  the  designation  of  two  or  more  sites  for  school  hous 
es,  and  for  levying  tax  for  the  purchase  or  lease  thereof,  and  for 
building  or  purchasing  school  houses  thereon,  <fcc., 111. 

When  to  order  inhabitants  of  districts  to  notify  special  meetings 

for  election  of  district  officers,....* » 112. 

Certificate  of,  on  tax  exceeding  $400  for  building,  hiring  or  purchas 
ing  school  house, 112,181,408. 

To  equalize  valuation  of  taxable  property  in  joint  districts,  on  appli 
cation  of  trustees, 113,  170. 

Consent  of,  necessary  to  change  of  site  in  unaltered  district, 113. 

When  to  fill  vacancy  in  the  office  of  trustee, 114,  169. 

Authorized  to  accept  resignation  of  district  officers,  and  to  give  no 
tice  thereof  to  clerk  or  trustees,.,. 114. 

Teachers'  wages  to  be  paid  in  part  by  orders  on,  for  public  money,  115. 

Approbation  of  to  be  given  to  second  and  subsequent  renewals  of 

district  warrants, 121,  168. 

Suit  to  be  brought  against,  by  trustees  for  recovery  of  money  ap 
portioned  by, 121. 


403 

P»fi«. 

Do.  do.  for  penalty  for  neglect  or  refusal  to  Account, 324- 

Appeals  to  state  superintendent  from  proceedings  of,  <fec.,  124,  198,  276  to  278. 

Penalties  and  forfeitures  for  wilful  neglect  of  duty  by,  and  how  col 
lected, • 128,  169,  248. 

Provisions  for  costs  of  suits  against,  for  official  acts, 128,  169,  254. 

To  ascertain  amount  of  such  costs  and  expenses,  and  levy  and  col 
lect  the  same 129. 

Powers  and  duties  of,  relative  to  schools  for  colored  child 
ren, '. 130,131,  152,  230. 

May  be  removed  from  office  by  state  superintendent  for  embezzle 
ment  of  public  money,  or  wilful  neglect  of  official  duty,. .  131,  166,248. 

Copies  of  school  laws,  forms  and  instructions  to  be   forwarded  to,  131. 

Powers  and  duties  of,  relative  to  town  school  fund  and  school  lots,  133,  134. 

Powers  and  duties  of,  relative  to  moneys  in  the  hands  of  overseers 

of  the  poor 135,  151. 

To  report  names  and  post-office  address  to  department  of  common 

schools, 142. 

To  allow  trustees  to  correct  defective  reports, 154. 

To  furnish  answers  to  appeals, 169. 

Powers  of,  in  reference  to  districts  formed  by  the  state  superintend 
ent  on  appeal, 169. 

Not  required  to  take  oath  of  office, 170. 

Forms  prescribed  by  state   superintendent  for  use  of, 170  to  177. 

Form  of  bond  to  be  given  by,  to  supervisor, 170. 

Form  of  resolution  by,  creating  a  new  district, 17L 

Do.  of  notice  to  trustees  withholding  their  consent  to  an  alteration 

of  their  district, 172, 

Do.  of  notice  of  the  first  meeting  in  a  district  to  organize, 172. 

Do.  of  resolution  for  the  alteration  of  a  district, 173. 

Do  on  the  formation  or  alteration  of  joint  districts, 174. 

Do.  of  certificate  of  qualification  to  teacher, 174. 

Do.  of  instrument  annulling  teachers'  certificate, 174. 

Do.  of  annual  report, 174  to  177. 

Duty  of,  in  the  organization  and  management  of  teachers'  Insti 
tutes,  372. 

Duty  of,  under  act  to  provide  for  the  purchase  of  Webster's  Diction 
ary  for  the  use  of  schools, 373. 

TROY. 

Act  to  provide  for  the  establishment  of  free  schools  in  the  city 

of, 351,  356,357. 

TRUSTEES. 

Liability   of,  to  taxation  for  school  district  purposes, 214,  215. 

TRUSTEES  OF  SCHOOL  DISTRICTS. 

General  powers  and  duties  of, 115,  116,195. 

Town  superintendents  ineligible  as, 101,  142,195. 

Cannot  hold  the  office  of  district  clerk, 102,  195. 


404 

PaS*. 

Teachers'  wages  payable  on  ordtr  and  certificate  of, 103,  160,  197, 

Duties  of,  in  the  expenditure  of  library  money, 103,  150,  151. 

May  apply  to  supervisor  and  town  clerk,  to  be  associated  with  town 

sup'tin  the  formation  or  alteration  of  districts 108,  142, 

Consent  of,  when  necessary  to  formation  or  alteration  of  distri«t, 

how  to  be  given,  and  notieeto, 108,  143,  144. 

Duty  of,  on  dissolution  or  consolidation  of  district,. 109. 

To  call  special  meetings  for  raising  taxes  to  defray  legal  liabilities,  109. 

To  prosecute  for  penalty  foir  illegal  voting  at  district  meetings,... .  110. 

When  and  how  to  be  chosen, Ill,  195. 

To  be  divided  by  lot  into  three  classes,  and  terms  ofoffice  of, Ill,  196. 

Vacancies  in  office  of,  how  filled, Ill,  114,  169,  195,  196. 

When  to  give  notice  of  special  meeting  for  election  of  district  offi 
cers,  and  for  other  purposes, 112,  178. 

When  to  designate  the  time  for  holding  annual  meeting 112,  178, 

When  to  levy  a  tax  for  building  school  house,  by  instalments, 112,  181.. 

To  apply  to  town  supt's  for  equalization  of  valuation  of  taxable 

property  in  joint  districts, 118. 

To  execute  deed  on  sale  of  school  house  and  lot, 113,  221. 

To  take  security  for  payment  of  moneys  on  such  sale- ;  to  hold  the 
same  as  a  corporation,  and  to  account  to  their  successors  therefor  ; 

and  to  prosecute  on  such  security, 113,  114,  221. 

Appropriation  by,  ©f  proceeds  of  such  sale  to  new  site  and  house,...  114,  221. 

To  fill  vacancies  in  offices  of  district  clerk,  collector  and  librarian, . .  114. 

Penalty  for  refusing  to  serve,  and  for  neglect  to  perform  official  du 
ties, IK  195,248, 

Resignation  of,  how  aad  to  whom  to  be  made,  and  notice  of 114,  195, 

Copies  of  reports  of,  to  be  entered  of  record  by  district  clerk, 114, 

To  call  special  meetings, 115,  200.- 

When  to  give  notice  of  special,  annual  and  adjourned  meetings, 115,  200. 

To  make  out  tax  lists  and  warrants, 115. 

To  purchase  or  lease  sites,  and  to  build,  hire,  purchase  and  keep  in- 

repair,  school  houses,  and  to- provide  fuel  and  appendages,  115, 219,  220,  221. 

To  have  custody  of  district  school  house, 115,  220. 

To  contract  with,  employ  and  pay  teachers, 115,  221. 

To  divide  the  public  money  m  portions,  and  to  assign  and  apply  the 

same, 116,  198,  199,  224. 

To  collect  teachers'  wages  not  provided  for  by  public  money, 116,  224. 

To  exempt  indigent  persons  from  payment  of    teachers'  wages, 
wholly  or  ia  part,  and   to  certify  such   exemption   to  district 

clerk, 93,  116,  224,  225,  226,  228,  229; 

To  make  out  rate-bill  and  warrant  for  teachers'  wages,... .  93,  116,  224,  225, 
May  expend  ten  dollars  annually  for  repairs  to  school  house,  and 

levy  the  amount  on  the  district, 116. 

Proceedings  of,  in  apportionment  assessment  and  collection  of  dis 
trict  taxes,... , 117,  118,  119,  201 


405 

Page. 

To  make  statement,  description  and  return  of  unoccupied  and  un 
improved  real  estate  liable  to  taxation, 117,  118. 

May  omit  to  include  non-resident  property  situated  more  than  three 

miles  from  school  house, 117. 

When  and  how  to  make  original  valuations  in  taxable  property,  giv 
ing  notice,  <fcc., 119,  210  to  212. 

When  to  make  out  tax  lists  and  warrants  &  to  deliver  to  collector,  119,  201. 

To  sue  for,  recover  and  apply  forfeitures  and  balances  in  hands  of 

collector, 120. 

To  procure  blank  books  for  entry  of  receipts  and  disbursements, 

property  of  district,  and  teachers' lists, 120,  199,  216,270. 

When  authorized  to  levy  tax  without  vote  of  the  district, 120,  121,  216. 

When  to  procure  fuel  for  use  of  district,  and  to  levy  tax  therefor,  120,  216. 

Force  and  effect  of  warrants  issued  by,  for  collection  of  tax  lists  or 
rate-bills, 121. 

Renewal  of  warrants  by,  when  and  how  made, 121. 

Authorized  to  prosecvite  non-residents  for  amounts  due  on  such 

warrants, 121,249. 

When  and  how  errors  in  tax  lists  or  rate-bills  may  be  corrected  by,  121,  202. 

When  to  prosecute  for  moneys  apportioned  to  their  district, 121,250. 

Annual  report  of,  when  to  be  made  and  what  to  contain,... .   122,  242  to  248. 

Form  of, 244  to  248. 

To  hire  temporarily,  when  necessary,  rooms  for  the  accommodation 

of  children  entitled  to  attend  schools, 123,  221. 

In  joint  districts,  reports  to  be  made  to  town  superintendent  of  each 
town, 123. 

Penalty  for  falsereport, ., 123,  248. 

Property  vested  in,  to  be  held  as  a  corporation, 123. 

Annually  to* render  an  account  to  district,  of  moneys  received  and 

expended,  ."..  123. 

To  pay  to  successors  in  office,  balance  remaining  in  their  hands,... .  124. 

Penalty  for  refusal  or  neglect  to  account  or  pay  over, 124,  249. 

Successors  in  office  to  prosecute  for,  recover  and  apply  such  penal 
ty,  and  balances  due  from  predecessors, 124,249. 

Appeals  to  state  superintendent  from  acts  of, 124,  275  to  278. 

Powers,  duties  and  liabilities  of,  as  trustees  of  district  libra 
ry, 125,  126,  233  to  242,265  to  270. 

May  be  removed  from  office  by  State  superintendent,  for  embezzle 
ment  of  public  money,  or  wilful  neglect  of  official  duty, 131,  166,  248. 

Penalties  and  forfeiture  for  wilful  neglect  of  official  duty  by,  and 

how  to  be  collected, 128,  169,  248. 

Provision  for  costs  and  expenses  in  suits  by  and  against,  for  official 

acts, 128,129,169,  253,254. 

To  prosecute  for  wilful  disturbance,  interruption  or  disquiet  of  dis 
trict  schools,  Ac., 130,  256. 


406 

Powers   and   duties    of,    relative   to   schools    for  colored    child 
ren, 130,  181,230,  331,  256,256. 

To  report  catalogue  of  books  in  district  library, 151,  154,  199,  200,  240. 

To  apply  to  state   superintendent  for  relief,  when  public  money  is 
withheld. 152,  198. 

To  correct  annual  reports  when  defective,  at  any  time  before  appor 
tionment, ....  154. 

Duty  of  in  application  of  local  school  funds, 198. 

Duty  and  liabilities  of,  in  application  of  teachers'  money, 199. 

When  and  how  authorized  to  correct  errors  in  assessment  roll  of 
town, 212. 

Duty  of,  to  keep  up  a  school  when  required  by  inhabitants  of  their 

district, 222. 

To  co-operate  with  the  teacher  in  the  government  and  discipline  of 

the  school, 232. 

General  principles  of  law  in  reference  to  suits  brought  against,. .   250  to  255. 

Legal  effect  of  contracts  of, 251,  252. 

Wlien  liable  in  trespass, 251. 

Liability  of,  on  contracts  of  predecessors, 252. 

Liability  of  for  their  joint  acts  and  for  the  acts  of  each  other, 252,  253. 

Authorized  to  require  bond  of  district  collector, 257. 

Payments  on  tax  lists  or  rate  bills  made  to,  to  be  received  as  agents 
for  collector, 262. 

TRUSTEE  OF   GOSPEL   AND    SCHOOL   LOT.— See   Gospel 
and  School  Lot. 

Office  of  abolished  and  duties  transferred  to  town  superintendent,  102,  142. 

Powers  and  duties  of, 133,134. 

TURNPIKE  COMPANIES. 

Liability  of  to  taxation  for  school  district  purposes, ,..  206. 

Toll  house  and  gate  of,  &o.,  how  taxable, 214. 

TUSCARORA  INDIANS. 

Act  to  provide  for  the  education  of  the  children  of,  in  the  county 

of    Niagara, 3C9. 

u. 

UNOCCUPIED  AND  UNIMPROVED  LANDS. 

Powers  and  duties  of  trustees   in  the   assessment  of  for  district 

taxes, 117,  203,  205,  207  to  209. 

UTICA. 

Acts  relating  to  common  schools  in  the  city  of,... 357. 

V. 

VACANCIES. 

In  office  of  town  superintendent,  when   and  how  to  be  filled, 101,  141. 

In  office  of  trustees  and  other  officers  of  districts, Ill,  112,  114,  169. 


407 

Page- 

VALUATIONS. 

Of  taxable  property  in  joint  districts,  when  and  how  to  be  equal 
ized, * 113,  170. 

Of  taxable  property,  how  to  be  ascertained  in  making  out  tax 

list, 119,  209,  210  to  212. 

How  to  be  made  on  claim  for  reduction,  and  when  not  ascertained 

from  assessment  roll T19,  209. 

VISITATION  AND  INSPECTION  OF  SCHOOLS. 

Powers  and  duties  of  town  superintendents  in  reference  to,  108,  157  to  164. 

VISITORS  OF  COMMON  SCHOOLS. 

State  superintendent  authorized  to  appoint,  &  powers  and  duties  of,  96, 

VOTERS. 

Qualifications  of  at  school  district  meetings, 110,  193. 

Proceedings  on  challenge  of, 110,  194 

I          •'•   '    w.    '••'.  /  ' " . ' v 

WARRANTS. 

To  be  annexed  by  trustees  to  tax-lists, 115,201. 

For  collection  of  rate-bills  for  teachers'  wages,  effect  of  and  powers 
and  duties  of  collectors  in  execution  of, 93,116. 

Property  exempt  from  levy  and  sale  on,  for  collection  of  rate- 
bills, 93,  117,  228. 

For  collection  of  taxes,  when  to  be  made  out  by  trustees, 119,  201. 

When  to  be  delivered  to  collector,  and  his  duty  thereon,  119,  120,  218,  219. 

Jurisdiction  of  collector  in  the  execution  of  in  other  districts 

and  towns, ,.. 120. 

To  be  executed  by  a  majority  of  trustees,  without  seal, 121,  218. 

To  have  like  force  and  effect  with  wan-ants  of  boards  of  supervi 
sors,  except  in  certain  cases, 121,  218. 

When  and  how  to  be  renewed  by  trustees, 121,  168,  218,  219, 

Form  of  for  collection  of  district  taxes, 217,218. 

Do.  do.          rate  bills, 224,225, 

WILLIAMSBURGH. 

Act  relating  to  common  schools  in  the  city  of, 363. 

WILLIAMSVILLE. 

Provision  relative  to  rate-bills  in  the  village  of, 366. 

WEBSTER'S  DICTIONARY. 

Act  authorizing  the  superintendent  of  common  schools  to  purchase 

for  the  use  of  schools, 1 373. 

WOOD  HOUSE. 

Tax  for  building  legal, 190. 


408 
NOTE  TO  PAGE  187. 


SIXCB  the  passage  of  these  sheets  through  the  press,  the  Superintendent 
has  decided  that  inhabitants  of  school  districts  may  legally  vote  a  tax  not 
exceeding  $400,  for  building,  hiring  or  purchasing  a  school  house,  under  §  70, 
(No.  92,)  without  the  certificate  of  the  Town  Superintendent,  in  addition  to 
the  avails,  arising  from  the  sale  of  the  former  site  and  house  of  the  district : 
thereby  over-ruling  the  decision  of  Gen.  Dix,  at  page  183,  of  the  volume  of 
Common  School  Decisions. 


gfirinag*1 


prior  to  due  date 

^STAMPED  BELOW 


UNIVERSITY  OF  CALIFORNIA 


